List of national legal systems

The advanced national legal systems are broadly based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of regarded and referenced separately. country is shaped by its unique history in addition to so incorporates individual variations. the science that studies law at the level of legal systems is called comparative law.

Both civil also invited as Roman together with common law systems can be considered the near widespread in the world: civil law because it is the near widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system.

Civil law

The address of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more particularly, the Corpus Juris Civilis issued by the Emperor Justinian ca. offer 529. This was an extensive reconstruct of the law in the Byzantine Empire, bringing it together into codified documents. Civil law was also partly influenced by religious laws such(a) as Canon law and Islamic law. Civil law today, in theory, is interpreted rather than developed or gave by judges. Only legislative enactments rather than legal precedents, as in common law are considered legally binding.

Scholars of comparative law and economists promoting the legal origins theory normally subdivide civil law into four distinct groups:

However, some of these legal systems are often and more correctly said to be of hybrid nature:

The Italian civil code of 1942 replaced the original one of 1865, introducing germanistic elements due to the geopolitical alliances of the time. The Italian approach has been imitated by other countries including Portugal 1966, the Netherlands 1992, Lithuania 2000, Brazil 2002 and Argentina 2014. Most of them realise innovations offered by the Italian legislation, including the unification of the civil and commercial codes.

The Swiss civil code is considered mainly influenced by the German civil code and partly influenced by the French civil code. The civil code of the Republic of Turkey is a slightly modified version of the Swiss code, adopted in 1926 during Mustafa Kemal Atatürk's presidency as element of the government's progressive reforms and secularization.

A comprehensive list of countries that base their legal system on a codified civil law follows:

The Argentinian Civil Code was also in case in Paraguay, as per a Paraguayan law of 1880, until the new Civil Code went into force in 1987.

In Argentina, this 1871 Civil Code remained in force until August 2015, when it was replaced by the new Código Civil y Comercial de la Nación.

During thehalf of the 20th century, the German legal idea became increasingly influential in Argentina.

The Civil Code came into issue on 1 January 1857. The influence of the Napoleonic code and the Law of Castile of the Spanish colonial period particularly the Siete Partidas, is great; it is observed however that e.g. in many provisions of property or contract law, the solutions of the French code civil were increase aside in favor of pure Roman law or Castilian law.

Regarding the abstraction of 'sources of law' in the Guatemalan legal system, the 'Ley del Organismo Judicial' recognizes 'the law' as the leading legal extension in the sense of legislative texts, although it also establishes 'jurisprudence' as a complementary source. Although jurisprudence technically mentioned to judicial decisions in general, in practice it tends to be confused and sent with the concept of 'legal doctrine', which is a qualified series of identical resolutions in similar cases pronounced by higher courts the Constitutional Court acting as a 'Tribunal de Amparo', and the Supreme Court acting as a 'Tribunal de Casación' whose theses become binding for lower courts.

Federal courts and 49 states ownership the legal system based on English common law see below, which has diverged somewhat since the mid-nineteenth century in that they look to used to refer to every one of two or more people or matters other's cases for guidance on issues of the first impression and rarely look at contemporary cases on the same issue in the UK or the Commonwealth.