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Civil law (or civilian law) is a legal system originating in Europe, intellectualized within the
framework of late Roman law, and whose most prevalent feature is that its core principles
are codified into a referable system which serves as the primary source of law. This can be
contrasted with common law systems whose intellectual framework comes from judge-
made decisional law which gives precedential authority to prior court decisions on the principle
that it is unfair to treat similar facts differently on different occasions (doctrine of
judicial precedent).
[1][2]
Historically, civil law is the group of legal ideas and systems ultimately derived from theCode of
Justinian, but heavily overlaid by Germanic, canon-law, feudal, and local practices,
[3]
as well as
doctrinal strains such as natural law, codification, and legislative positivism.
Conceptually, civil law proceeds from abstractions, formulates general principles, and
distinguishes substantive rules from procedural rules.
[4]
It holds case law to be secondary and
subordinate to statutory law, and the court system is usually inquisitorial, unbound by precedent,
and composed of specially-trained, functionary judicial officers with limited authority to interpret
law. Jury trials are not used, although in some cases, benches may be sat by a mixed panel
of lay magistrates and career judges.
The purpose of codification is to provide all citizens with manners and written collection of the
laws which apply to them and which judges must follow. It is the most widespread system of law
in the world, in force in various forms in about 150 countries,
[5]
and draws heavily from Roman
law, arguably the most intricate known legal system dating from before the modern era. Colonial
expansion spread the civil law which has been received in much of Latin America and parts
of Asia and Africa.
[6]
Where codes exist, the primary source of law is the law code, which is a systematic collection of
interrelated articles,
[7]
arranged by subject matter in some pre-specified order,
[8]
and that explain
the principles of law, rights and entitlements, and how basic legal mechanisms work. Law codes
are usually created by a legislature's enactment of a new statute that embodies all the old
statutes relating to the subject and including changes necessitated by court decisions. In some
cases, the change results in a new statutory concept. Other major legal systems in the world
includecommon law, Halakha, canon law, and Islamic law.
Civilian countries can be divided into:
those where civil law in some form is still living law but there has been no attempt to
create a civil code: Andorra and San Marino
those with uncodified mixed systems in which civil law is an academic source of authority
but common law is also influential: Scotland andRoman-Dutch law countries (South
Africa, Zambia, Zimbabwe, Sri Lanka and Guyana)
those with codified mixed systems in which civil law is the background law but has its
public law heavily influenced by common law: Louisiana,Quebec, Puerto Rico, Philippines

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Civil law (or civilian law) is a legal system originating in Europe, intellectualized within the framework of late Roman law, and whose most prevalent feature is that its core principles are codified into a referable system which serves as the primary source of law. This can be contrasted with common law systems whose intellectual framework comes from judge-made decisional law which gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions (doctrine of judicial precedent).[1][2] Historicall ...
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