Civil Law System: Meaning & Examples

Some of the countries have specified or codified legal system. Everything is well defined and well documented; hence, every organ of the government and judiciary work based on the rules already codified and documented.

What is the Meaning of Civil Law system?

The Civil Law System is a comprehensive, regularly updated set of legal codes that are present in nations and outline all matters that may be brought before a court, the applicable procedure, and the proper sanctions for each infraction. Such codes discriminate between various kinds of law− substantive law specifies which activities are subject to criminal or civil prosecution, procedural law establishes how to assess whether a specific conduct constitutes a criminal act, and penal law establishes the appropriate punishment. Establishing the facts of the case and applying the rules of the relevant code are the judge's responsibilities in a civil law system. Although the judge frequently makes the official accusations, looks into the situation, and renders a decision, he or she operates within the confines of a vast body of codified laws. As a result, the lawmakers and legal academics who create and interpret the codes have a greater influence on civil law than the judges.

John Salmond defined civil law as “the law of the state or the law of the land, the law of lawyers and the law of courts.”

Origin of Civil Law

Legislation developed out of the Roman law of Justinian's Corpus Juris Civilis. During the 18th and 19th centuries, enactment led to separate national codes. The two most influential codes are the Napoleonic Code and the German Code. The code provisions have been implemented by an increasing number of statutory provisions.

Three distinct subgroups develop the civil law system −

• French civil law− France, Benelux, Italy, Spain, Portugal, and former colonies of those countries, such as Latin American countries, Quebec, and Louisiana.

• German civil law− Germany Austria, Switzerland, Liechtenstein, Japan, South Korea, and the Republic of China (Taiwan).

• Scandinavian civil law− Denmark, Sweden, Finland, Norway, Iceland

Principles of the Civil Law System

The principles involved in the civil law system are −

• The solution to each case is found in the provisions of the written law,

• Precedents, however authoritative, are not binding, and

• The deciding court must demonstrate that its decision is based on provisions of the written law and not merely on precedent.

Civil Legal System Administer

The civil law aims to operate in two different ways −

• Prevent the violation of people's rights and

• Restore them after a violation.

Branches of Civil Legal System

The civil law is immensely comprehensive and deals with a wide range of problems involving people’s rights and obligations. Various civil law−related branches include the following −

Significance of Civil Legal System

The significance of civil law (in reference to civil cases) is as follows −

• In the area of law known as civil law, cases are heard by civil courts and tribunals.

• Instead of imprisoning either party, the damages made to them are settled by paying them a certain sum of money.

• They are a collection of decisions and laws that have been codified and are binding on all parties.

• Contract law is the main subset of civil law, and hence it has a strong bias in favor of contractual commitments.

Sanctions under the Civil Legal System

Most sanctions in civil law are of a pecuniary or monetary nature, in which case the party in breach of the law has to pay some amount of money to the injured party and not to the state. These civil law categories of sanctions include

• Restitution (in integrum restitutio)− the original state of matters has to be restored as if the breach had not taken place, so that the party in breach has to pay the amount that the injured party would have if the breach had not taken place.

• Another category is when a party is in some specific breach of an obligation and the value of that obligation can be determined− e.g. the contractual price or a share in an estate was refused to be paid at all; or less was paid; or the party is in late payment, etc. In this case, sanctions may not go beyond what would be due under the specific instrument (e.g., contract or estate).

• A third category is returning enrichment, in which case the party in breach has to return the profit that it gained from the breach, even if that amount would not have been due to the other party (this sanction does serve preventive purposes as well).

• The “queen” of all civil law sanctions is damages− the amount that has to be paid if damage is caused to the other party, including not just the actual damage that occurred but lost profit and all costs in relation to the damage, too. (Note that contemporary legal developments in common law jurisdictions seem to put some emphasis on punishment and prevention in private law, too, within the form of punitive damages, which are in excess of actual damage, lost profit, and costs.) The English word “damage” applies to the value of the loss suffered, while the word “damages” refers to the amount of compensation to be paid.

• Another sanction is that when none of the above works, unjust enrichment may still need to be paid.

The law specifically sets forth the application of all these categories of remedy, it describes the situation in which one or another kind of remedy is available and the conditions upon which the remedies may be awarded to the injured party.

Countries Practicing Civil Law System

Following are the major countries that follow civil law system −

• South America− e.g. Brazil, Argentina, Chile, Columbia, etc.

• Central America− Mexico, etc.

• Europe− Austria, France, Germany, Italy, Ukraine etc.

• Asia− Japan, Russia, etc.

Conclusion

There is a civil legal system in the majority of countries, especially in continental Europe and former colonies of those countries. As it is in legal relations where the parties act freely, they act in their own private interests as private individuals, or in another word, civilians. Thereby, this area of law is named civil law. The procedure practiced in the civil law courts is inquisitorial. The judge is given a strong role. The judge can adopt the roles of examiner, counselor, and advisor, and be an insistent promoter of settlements. He is entitled and bound to ask questions, to inform, encourage, and advise parties, lawyers, and witnesses, and to counteract any mistake.

Frequently Asked Questions

Q. What are the salient features of Civil Law System?

The important features of civil law are −

• A set of codified laws serves as the basis for most civil laws.

• Private citizen rights are the sole subject of civil law. Regarding any legal relationship or responsibility, it refers to disagreements between two or more people or legal bodies.

• The violator is subject to civil liability.

Q. What are the sources of Civil Law System?

Civil law systems are legislated from the existing law, custom, and general principles of law. Among these, the main source is enacted (statutory) law; which predominates in civil law systems.

Q. What is the role of judges under Civil Law System?

In the civil law system, the judge maintains a pivotal role in managing the development of the case and the sequence of addressing and resolving issues. Judges must be impartial and strive to properly interpret the meaning, significance, and implications of the law. Judges must also recognize that justice means more than just interpreting the law — it also means showing compassion and understanding for the people on both sides of the case.

Q. What is the role of lawyers under adversarial system?

An advocate's role in an adversarial system is to convey the client's argument to the decision−making body. An advocate's functional job as a professional is essentially similar to a legal technician's.