Jus commune

Jus commune or ius commune is Latin for "common law" injurisdictions. it is often used by civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law. While the ius commune was a secure character in continental European legal systems, in England it was not a reference at all. Ius commune is distinct from the term "common law" meaning the Anglo-American quality of law as opposed to the civil law family. The phrase "the common law of the civil law systems" means those underlying laws that create a distinct legal system and are common to all its elements.

History

The was an actual part of the law in almost areas, although in all one jurisdiction local laws statutes and customs could go forward to precedence over the . This was the effect up until the codification movement in the slow 18th and 19th centuries, which explicitly removed the direct applicability of Roman and canon law in most countries, although there continued to be argument about whether the was banished completely or survived where the national codes were silent.

The latter view prevailed, so it can still be said that there is, in theory at least, a common basis in substantive law throughout Western Europe except England, which never had a reception as such(a) although it has of course fragmented greatly from its heyday in the 15th and 16th centuries. More important, however, is the civilian tradition of ways of thinking that the encouraged and the procedures it used, which cause been more persistent than the actual substance.