CONTINENTAL LAW Meaning and
Definition
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Continental law, also known as civil law or Roman law, is a legal system derived from the codified laws of ancient Rome. It is a legal tradition that prevails in most of the countries of continental Europe, Latin America, and parts of Africa, Asia, and the Middle East.
The continental law system is characterized by a comprehensive set of written laws, statutes, and codes that serve as the primary source of legal principles and rules. These legal codes outline the rights, obligations, and procedures governing various aspects of civil, criminal, and administrative matters, providing a structured framework for the resolution of legal disputes. Continental law places emphasis on the principle of legal certainty, with judicial decisions being based primarily on the application of existing laws rather than on precedents set by earlier court rulings.
The legal system is primarily influenced by the French Code Civil or Napoleonic Code, which was first enacted in 1804 and remains the foundation of the legal systems in several countries. Other significant sources of continental law include the German Civil Code (Bürgerliches Gesetzbuch) and the Swiss Civil Code (Zivilgesetzbuch).
One key aspect of the continental law system is the separation of private law and public law, with private law concerning relationships between individuals, such as contracts and property, and public law governing the relationships between individuals and the state, such as administrative law and constitutional law.
Overall, continental law is a legal system characterized by comprehensive codified laws, reliance on written statutes, and an emphasis on legal certainty and the application of existing laws in judicial decision-making.
Etymology of CONTINENTAL LAW
The word "continental law" refers to a legal system prevalent on the European continent, typically distinguished from the common law system practiced in countries like the United Kingdom and the United States.
The etymology of the term "continental law" lies in the historical development of legal systems in continental Europe. The continental legal tradition can be traced back to the Roman legal system, specifically the Corpus Juris Civilis (Body of Civil Law) compiled under the Emperor Justinian in the 6th century AD. This legal system had a profound influence on European legal thinking, providing a basis for legal codes and principles.
During the Middle Ages, legal systems in Europe further developed under the influence of various social, political, and religious factors. In countries like France, Germany, Spain, and Italy, local customs and regional laws began to emerge, but with a continuing influence from Roman law.
