Kara Sears
Civil law is a legal system with roots in the Roman Empire, which was comprehensively codified and spread in the 19th century, notably with France's Napoleonic Code and Germany's civil code. It is the world's most common legal system, practiced in about 150 countries. Civil law is often contrasted with common law, which originated in medieval England and is prevalent in former British colonies. Common law relies on judicial precedent and uncodified case law, while civil law is based on legal codes that function as the primary source of law. Civil law covers a range of areas, including private law, contract law, and property law, and is adaptable, favoring cooperation and predictability. It is a major branch of law, alongside criminal law, with distinct features and applications.
| Characteristics | Values |
|---|---|
| Number of countries practicing | Practiced in about 150 countries |
| Origins | Roman Empire, later codified in the 19th century |
| Basis | Relying on legal codes as the primary source of law |
| Notable codes | France's Napoleonic Code (1804), Germany's Bürgerliches Gesetzbuch (1900) |
| Number of contract provisions | Many provisions are implied into a contract by law |
| Adaptability | More adaptable than common law |
| Judicial precedent | Does not rely on judicial precedent |
| Countries using | Former French, Dutch, German, Spanish, or Portuguese colonies, Central and South America, Central and Eastern Europe, East Asia |
| Examples | Germany, Austria, Switzerland, Latvia, Estonia, Japan, South Korea, Taiwan, Thailand, Brazil, Argentina, Indonesia, Kyrgyzstan, Lebanon |
| Litigation burden of proof | Generally, a balance of probabilities |
| Litigation purpose | Monetary compensation, not punishment |
| Litigation filing | Commenced by a complaint from an individual or organization |
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What You'll Learn
Civil law's Roman origins
Civil law, also known as jus civile or citizen law, is rooted in the legal system of the ancient Roman Empire. The Romans developed the first system of dispute resolution, which was put in writing in the form of the Law of the Twelve Tables (Lex Doudecim Tabularum) in 450 BCE. This law code was designed to change the existing customary law and address all areas of law, including private law and civil procedure.
During the period of the republic (753–31 BCE), the jus civile developed and was based on custom or legislation, exclusively applying to Roman citizens. Over time, Roman law evolved to include the jus gentium or the law of nations, which was developed by magistrates and governors to be applied to both Romans and foreigners. This body of law became a flexible alternative to jus civile and was applied by magistrates in their jurisdictions.
The work of civilian glossators and commentators led to the development of a common body of law, writing about law, a common legal language, and a common method of teaching and scholarship, termed the jus commune or law common to Europe. This consolidated canon law, Roman law, and, to some extent, feudal law. Roman law was further developed in the 6th century CE when Emperor Justinian ordered the codification of existing Roman law in the Corpus Juris Civilis or Code of Justinian. This compilation included the Digest, the Institutes, the Code, and the Novels, with the Digest being the most important component.
Roman law has had a significant influence on the development of law in most of Western civilization and parts of the East. It forms the basis for the law codes of most countries of continental Europe and has influenced derivative systems elsewhere, including in Latin America and Ethiopia. English and Anglo-American common law also reflect Roman influence, particularly in their Latinate legal glossary.
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Civil law's global reach
Civil law is the most common legal system in the world, practised in about 150 countries. It is a major branch of the law in common law legal systems such as those in England, Wales, and the United States. Civil law is rooted in the Roman Empire and was comprehensively codified and disseminated in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's Bürgerliches Gesetzbuch (1900).
The civil law system is often contrasted with the common law system, which originated in medieval England. Common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Common law systems are typically found in countries that were former British colonies or protectorates, including the United States.
On the other hand, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Civil law countries typically include those that were former French, Dutch, German, Spanish, or Portuguese colonies or protectorates, including much of Central and South America, Central and Eastern Europe, and East Asia.
In Continental Europe, most jurisdictions have civil codes. Scandinavian countries have civil codes, but they are not regarded as civil law jurisdictions. In Asia, many countries have civil codes, including Indonesia, Japan, Kyrgyzstan, and Lebanon. In Africa, countries that were once colonized by continental European nations have retained many aspects of civil law traditions.
Civil law has a global reach and is the most common legal system in the world. It has been adopted and adapted by numerous countries, influencing the legal systems of colonies and former colonies.
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Civil law vs. common law
Civil law and common law are the two main types of legal systems in the world. There are around 150 civil law countries, and about 80 common law countries.
History
The civil law tradition, rooted in the Roman Empire, developed in continental Europe and was applied in the colonies of European imperial powers such as Spain and Portugal. The civil law system was comprehensively codified and disseminated in the 19th century, with France's Napoleonic Code (1804) and Germany's Bürgerliches Gesetzbuch (1900) being the most influential civil codes.
The common law tradition emerged in England during the Middle Ages and was applied within British colonies across continents. Common law was originally developed through custom before laws were written down and is generally uncodified, meaning there is no comprehensive compilation of legal rules.
Sources of Law
The main difference between the two systems lies in the main source of law. Civil law systems are characterised by their reliance on legal codes that function as the primary source of law. In contrast, common law systems make extensive use of statutes, but judicial cases are regarded as the most important source of law, which gives judges an active role in developing rules. Common law is based on the principle of 'stare decisis', which refers to the binding aspect of precedent.
Contracts
Civil law systems are more prescriptive than common law systems. Contracts under civil law systems imply a number of provisions into a contract, and less importance is placed on setting out all the terms governing the relationship between the parties in the contract itself. In contrast, common law systems have extensive freedom of contract, and few provisions are implied into the contract by law.
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Civil law's influence on former colonies
Civil law is a legal system rooted in the Roman Empire, characterised by reliance on legal codes as the primary source of law. It is the world's most common legal system, practiced in about 150 countries.
Many countries that were formerly colonies of European nations have kept many aspects of civil law traditions. For example, the French civil code was imported into areas conquered by Napoleon and later adopted with modifications in Poland, Louisiana, the Netherlands, Serbia, Italy, Romania, Portugal, and Spain. The Swiss version of the civil code was adopted in Brazil and Turkey. Louisiana is the only U.S. state whose private civil law is based heavily on the French and Spanish codes, rather than English common law.
Cameroon, a former colony of both France and the United Kingdom, is bi-juridical/mixed. South Africa, a former colony of the Netherlands and later the United Kingdom, was heavily influenced by English colonists and is also bi-juridical/mixed. Hong Kong, a former British colony, uses common law, while Macau, a former Portuguese colony, continues to have a Portuguese legal system of civil law.
In Central and South America, almost all countries have civil codes. In Asia, many countries that were once colonies have received civil law and have civil codes, such as Indonesia, Japan, Kyrgyzstan, and Lebanon.
The influence of civil law in former colonies can be attributed to the comprehensive codification and dissemination of civil law starting in the 19th century, with notable examples being France's Napoleonic Code (1804) and Germany's Bürgerliches Gesetzbuch (1900).
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Civil litigation
Civil law is the most common legal system in the world, with about 150 countries practising it. It is a legal system rooted in the Roman Empire, with its modern codification and dissemination beginning in the 19th century, notably with France's Napoleonic Code (1804) and Germany's Bürgerliches Gesetzbuch (1900). Civil law is characterised by its reliance on legal codes as the primary source of law, in contrast to common law systems like the one that originated in medieval England, which heavily rely on judicial precedent.
In civil litigation, the complaining party, known as the plaintiff, requests the court to order the defendant to rectify a wrong, typically through monetary compensation. The plaintiff must provide evidence supporting their claim, and the judge or jury decides based on the balance of probabilities, requiring over 50% of the evidence to favour the plaintiff. This differs from criminal law, where the burden of proof is much higher, demanding approximately 99% of proof to convict a defendant.
The cost of civil litigation has been criticised for sometimes being disproportionate to the issue at stake. Additionally, the terminology and legal concepts in civil law, such as "concessions" and "affermage", may differ from those in common law countries, requiring careful consideration when applying these terms in a different legal context.
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Frequently asked questions
Yes, civil law is the most common legal system in the world, practiced in about 150 countries.
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated in the 19th century. Civil law systems rely on legal codes as the primary source of law, unlike common law systems that rely on judicial precedent.
Civil law includes areas such as contract law, property law (excluding property-related crimes), and private law relating to civil wrongs and quasi-contracts. Civil law also involves civil litigation, which refers to legal proceedings to resolve disputes and seek redress or damages.
Common law, which originated in medieval England, is based on uncodified case law and judicial precedent. Civil law, on the other hand, is codified and found in legal codes such as the Napoleonic Code. Contracts in common law tend to be longer as they must set out all terms governing the relationship between parties.
Countries that follow civil law are often former French, Dutch, German, Spanish, or Portuguese colonies, including much of Central and South America, and some Asian countries like Japan and South Korea.
