Keith Mack
The legal systems of most countries are modelled on one of five types of law: civil law, common law, customary law, mixed or pluralistic law, and religious law. Civil law, the most widespread legal system globally, is largely based on Roman law and is prevalent in approximately 150 countries. Common law, on the other hand, places greater emphasis on precedent and is derived from English law. French law, which falls under civil law, is based on the Napoleonic Code or Civil Code, encapsulating the rights and obligations of citizens, and laws of contract, property, and inheritance. Spanish law, also a type of civil law, is officially known as the Spanish Civil Code, which combines customary, Roman, Napoleonic, local, and modern codified law.
| Characteristics | Values |
|---|---|
| Country with a common law system | US, UK, Australia, Brunei, Hong Kong |
| Country with a civil law system | France, Spain, Quebec, Japan, 12 other countries mostly in Central and South America, but also in southwestern Europe, northern and western Africa, and southeastern Asia |
| Basis of common law | Precedent |
| Basis of civil law | Code of Law |
| Louisiana's legal system | Hybrid of Civil and Common law |
| Quebec's legal system | Hybrid of French civil law and Canadian common law |
| Puerto Rico's legal system | Hybrid of civil and common law |
| Texas and California's legal system | Retains aspects of Spanish civil law |
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What You'll Learn
French civil law is based on Roman law
The French legal system is a civil law system, based wholly on written civil law. It is founded on the Napoleonic Code or Civil Code, which outlines the rights and obligations of citizens, laws of contract, property, and inheritance. This code is considered the foundation of French law even in the present day.
French civil law, or the Civil Code, is based on Roman law. In the High Middle Ages, most legal situations in France were highly local and regulated by customs and practices in local communities. In the 12th century, Roman law emerged as a scholarly discipline in France, with professors from Bologna teaching the Justinian Code in southern France and Paris. By the 16th century, local customs were sometimes simplified or reformed during the process of recording, and around 60 general customs were given official status. Roman law was kept as a reserve, used for argumentation and to supplement customary law.
The French Revolution, which began in 1789, brought about significant changes to the French legal system. The National Constituent Assembly overhauled the country's judicial system, and a Penal Code was adopted in 1791. The Civil Code (1804), the Code of Civil Procedure (1806), and the Commercial Code (1807) were adopted under Napoleon. These codes reflected Roman law, pre-revolutionary ordinances, enlightenment ideas, and Napoleon's personal vision of the law. The codes were written in clear, elegant French, meant to be accessible to all citizens.
The Civil Code unified French civil law and set forth general rules that were arranged logically, allowing for flexibility and adaptability to new circumstances. The codes consisted of a series of short articles, as it was recognised that legislators could not foresee all possible future situations. The Civil Code remained the law of France from 1804 until the enactment of the constitution of the Third Republic in 1875, despite changes in political regimes.
The influence of Roman law is also evident in other civil law systems. For example, the Japanese Civil Code draws approximately 30% of its content from the French civil code, which is rooted in Roman law. Additionally, Roman-Dutch law, a type of civil law, serves as the basis for the legal systems in several countries, including seven African nations, Indonesia, and Sri Lanka.
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French civil law is codified
The French legal system is a civil law system, based wholly on written civil law. Civil law systems are characterised by their reliance on a Code of Law, and French law is founded on the Napoleonic Code or Civil Code, which encapsulated the rights and obligations of citizens, and laws of contract, property, and inheritance. The Civil Code remains the foundation of French law today.
French law can be divided into two branches: private law ("droit privé") and public law ("droit public"). Private law governs private individuals and entities, while public law governs the state and public bodies. There is a hierarchy to French laws, with the Constitution at the top, followed by legislation passed by Parliament, then regulations issued by the executive.
The Napoleonic Code, on which French law is based, aimed to set out the principles and rules in an area of law in a coherent and comprehensive manner. This approach to codification has been influential, with several countries adopting similar civil codes, such as Italy, Portugal, the Netherlands, Brazil, and Argentina.
Louisiana is the only U.S. state whose private civil law is heavily based on French and Spanish codes, due to its colonial past as a possession of France and Spain. Louisiana's private law was codified into the Louisiana Civil Code, and while it has since converged with American law, it retains some civil law influences. Similarly, Quebec law, which is part of Canada, also has private law based on French civil law, while its public law and judicial system are based on Canadian common law.
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French criminal law is governed by the Criminal Code
The French legal system is a civil law system, based on written civil law. Civil law systems are largely based on a Code of Law. The foundation of the French legal system is the Napoleonic Code or Civil Code, which encapsulates the rights and obligations of citizens, laws of contract, property, inheritance, and so on. This Civil Code remains the foundation of French law to the present day.
The principle of legality (principe de légalité) is one of the most fundamental principles of French law and is governed by Article 112-1 of the Penal Code. This principle defines the non-retroactive nature of criminal sanctions, implying that an individual can only be prosecuted and sentenced under a law that existed prior to the act they are accused of. This principle is enshrined in the first chapter of the Penal Code, in Article 111-3. The principle of criminal liability is defined in the Constitution, and a fundamental corollary of it is the application of criminal law in time (application de la loi pénale dans le temps).
The French criminal code has been amended several times since its promulgation in 1994. In 2010, a law criminalizing psychological violence within intimate relationships was passed. A major reform of the criminal justice system was introduced in 2011, which included reform of garde à vue, penal reform for minors, and increased participation of citizens in the criminal justice process. In 2015, the French legislature passed a law improving the capabilities of the government to gather and act on intelligence in certain areas, in response to the Paris attacks in January of that year. The criminalization of clients of prostitution was passed in 2016, with the aim of combating human trafficking and the exploitation of sex workers.
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Spanish civil law is based on Roman law
The Spanish Civil Code is a complex mixture of customary, Roman, Napoleonic, local, and modern codified law. The laws of the Visigoth invaders of Spain in the 5th to 7th centuries had the earliest major influence on the development of the Spanish legal system. The Christian Reconquest of Spain in the 11th through 15th centuries witnessed the development of customary law, which combined canon (religious) and Roman law. During several centuries of Hapsburg and Bourbon rule, systematic recompilations of the existing national legal system were attempted, but these often conflicted with local and regional customary civil laws.
The legal system of Puerto Rico, a US territory, also exhibits similarities to that of Louisiana, with a civil code based on the Spanish Civil Code of 1889. This is because Puerto Rico was a Spanish colony until 1898. The Spanish Civil Code of 1889 was also influenced by Roman law. Roman law is considered one of the most intricate legal systems before the modern era. Roman-Dutch law, a legal system that originated in the province of Holland, serves as the basis for legal systems in seven African countries, as well as Guyana, Indonesia, and Sri Lanka.
Louisiana is the only US state whose private civil law is heavily based on French and Spanish codes, as opposed to English common law. The state's private law or substantive law between private parties, principally contracts and torts, is based on French and Spanish civil law, as well as Roman law with some common law influences. Louisiana's criminal law, on the other hand, is directly based on US common law. The French legal system is based on written civil law, with the Napoleonic Code or Civil Code serving as its foundation. This code encapsulated the rights and obligations of citizens, as well as laws of contract, property, and inheritance.
Civil law, also known as neo-Roman law or Romano-Germanic law, is a legal system rooted in the Roman Empire. It was comprehensively codified and disseminated starting in the 19th century, particularly with France's Napoleonic Code (1804) and Germany's Bürgerliches Gesetzbuch (1900). Civil law systems are characterized by their reliance on legal codes that function as the primary source of law, rather than judicial precedent as in common law systems. The purpose of codification is to provide all citizens with a written collection of the laws that apply to them and that judges must follow.
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Spanish civil law is regulated by the Spanish Civil Code
The Spanish Civil Code is the present legal system of Spain and is the basis of the legal systems in 12 countries, mostly in Central and South America, but also in southwestern Europe, northern and western Africa, and southeastern Asia. The Spanish Civil Code reflects a complex mixture of customary, Roman, Napoleonic, local, and modern codified law.
The Spanish legal system is based on a hierarchy of norms, with the Constitution at the top, followed by international treaties, organic laws, ordinary laws, and rules with the rank of law (including royal decree-laws and royal legislative decrees). The Spanish Constitution requires that all laws be published in the "Official Gazette of the State" (Boletín Oficial del Estado; BOE) to be valid.
The Spanish Civil Code has been subject to criticism for allowing acquisitive prescription against personal property, which has made it difficult for victims of Nazi plunder to seek recourse. The Code has been revised several times, with the most recent revisions being the penal code in 1989 and the judiciary code in 2001.
Spanish civil law, like other civil law systems, places less weight on judicial precedent than common law systems. It is based on a Code of Law, with the Spanish Civil Code serving as the foundation. This is in contrast to common law systems, which heavily emphasize precedent.
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Frequently asked questions
Common law systems place great weight on precedent, whereas civil law judges tend to give less weight to judicial precedent. Civil law is generally more prescriptive than common law.
Louisiana is the only U.S. state whose private civil law is based heavily on French and Spanish codes. Puerto Rico's civil code is based on the Spanish Civil Code of 1889. Quebec law, whose private law is of French civil origin, has adapted to the public law and judicial system of Canadian common law.
The foundation of the French legal system is the Napoleonic code or Civil code, which encapsulated the rights and obligations of citizens, and laws of contract, property, and inheritance.
