3 Civil Laws

Since a single illegal act can constitute both a public offence and a private prejudice, it can give rise to criminal and civil charges. A well-cited example is that of former American football player O.J. Simpson: in 1995, he was acquitted of the murder charges of his wife and boyfriend, but two years later he was held responsible for their murder in a civil lawsuit for illegal death. The common law is intrinsic to England in its origins. Until the Norman Conquest, there were different rules for different parts of the country. But as the laws and the country began to unite, a common law was created based on customs and regulations throughout the country. These rules developed organically and were rarely written. In common law jurisdictions such as England and the United States, when a business encounters financial difficulties, the focus is on seeking reorganization rather than liquidation to maintain the company as an operating business (e.B United States, Chapter 11, Administration of the United Kingdom). In civil courts, the process focuses on liquidation (although the reform of some bankruptcy laws such as France and OHADA countries now allows debtors to reorganize before they become insolvent). Only legislative decrees are binding on all. There is little room for judicial law in civil, criminal and commercial courts, although in practice judges tend to follow previous court decisions; Constitutional and administrative courts may repeal laws and regulations and their decisions in such cases are binding on all.

Several Islamic countries have civil law systems that contain elements of Islamic law. [24] For example, the Egyptian Civil Code of 1810, which developed in the early 19th century – which remains in force in Egypt and forms the basis of civil law in many countries of the Arab world where civil law is applied – is based on the Napoleonic Code, but its lead author Abd El-Razzak El-Sanhuri tried to apply the principles and characteristics of Islamic law taking into account the unique circumstances of the Egyptian company. integrate. Today, the difference between the principles of general law and the principles of civil law lies in the actual source of law. Common law systems largely refer to statutes, but court cases are seen as the primary source of law that allows judges to proactively contribute to the rules. For example, the elements required to prove the crime of murder are included in case law and are not defined by law. For the sake of consistency, the courts adhere to the precedents set by the higher courts that consider the same issue. In the area of infrastructure, it is also important to note that some forms of infrastructure projects in civil courts are designated by clearly defined legal terms. Concessions and afferents have a certain technical significance and structure that may not be understood or applied in a common law country. Care must therefore be taken to apply these terms loosely.

This will be further examined in the context of the agreements. The operator is protected in certain circumstances by the right to maintain the “financial balance” of the contract. For example, if the contracting authority requires a unilateral amendment, it must also adapt the financial terms of the agreement so that the operator is not in a worse situation (for example, if the contracting authority requires higher service standards, it may also have to authorise a higher tariff). Among the particular doctrines that are part of the operator`s right to “financial equilibrium” in France, which have equivalents in other civil law countries, we can mention: In civil law and common law countries, lawyers and judges play an important role. A contract that takes up a principle of administrative context and specifies exactly how it is to be applied will normally be effective. But the modification or repeal of an administrative principle may or may not be legally possible – this should be reviewed. For example, it may not be possible to completely eliminate the possibility for a contracting authority to unilaterally change service standards. In France, the law invalidates any attempt to derogate from the possibility for the contracting authority to unilaterally terminate a contract. Some civil codes also contain binding notice periods before termination for breach of contract, which cannot be avoided or cancelled.

Napoleonic to Germanic influence: The Italian Civil Code of 1942 replaced the original of 1865 and introduced Germanic elements due to the geopolitical alliances of the time. [20] This approach has been copied by other countries, including Portugal (1966), the Netherlands (1992), Brazil (2002) and Argentina (2014). Most of them have innovations introduced by Italian legislation, including the unification of the Civil and Commercial Code. [21] Countries that follow a civil law system are generally those that were former French, Dutch, German, Spanish or Portuguese colonies or protectorates, including much of Central and South America. Most countries in Central and Eastern Europe and East Asia also follow a civil law structure. There is not always a written constitution or codified laws; In some civil law systems, e.B. in Germany, the writings of jurists have a considerable influence on the courts; As a rule, there is a written constitution based on specific codes (e.B Civil Code, Codes of Company Law, Administrative Law, Tax Law and Constitutional Law) and enshrines fundamental rights and obligations; However, administrative law tends to be less codified, and administrative judges tend to behave more like common law judges; A striking example of a civil code is the Napoleonic Code (1804), named after the French Emperor Napoleon. The Napoleonic Code consists of three elements: Unlike common law systems, civil courts deal with jurisprudence independently of a precedent. This does not mean that one party has presented more evidence than the other. This means that one party`s evidence was more convincing than the other`s. In their technical and narrow sense, the words civil law describe the law that designates the persons, things and relationships that develop between them, to the exclusion not only of criminal law, but also of commercial law, labor law, etc. Codification took place in most civil law countries, with the French Civil Code and the German Civil Code being the most influential civil codes.

However, codification is by no means a defining feature of a civil law system. .

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