The United States is virtually the only one to allow a federal court of general jurisdiction to rule on questions of constitutionality. Normally, these matters have jurisdiction over a Supreme Court or a special constitutional court. Innovation in France makes it possible to refer bills to justice only after their adoption by Parliament and before their promulgation by the President. In England, a court may review the validity of a duly promulgated law, unless it is contrary to Community law; The same may be true for Scottish courts, although some say they could review British laws to ensure they are in conformity with the Act of Union of 1707. Under the UK Human Rights Act, UK courts may declare a law incompatible with the rights enshrined in the law. This does not invalidate or weaken the law: it is then up to the executive and, ultimately, the legislature to decide what to do with the offensive legislation. In most cases, the contractual relationship is governed by private law and the courts that deal with these issues. Specialists in comparative law and economists who promote the theory of legal origin generally divide civil law into four different groups: Let us now turn to the problem addressed in this sub-chapter, namely the classifications of legal systems. Customary law is a recognized source of law in the jurisprudence of the civil law tradition, which is subject to both laws and regulations. When considering custom as a source of law in the civil law tradition, it should be made clear that its importance is low and decreasing.
In Canada, however, Aboriginal customary law has a constitutional basis and therefore has increasing influence. Similarly, customary law continues to exist in the Scandinavian countries and has great influence. It should be added that customary law is also used in some third world countries, such as Africa, usually in parallel with general or civil law. In the law, habit can be described as established patterns of behavior that can be objectively verified in a particular social environment. A lawsuit can be filed to defend “everything that has been done and accepted by law.” In general, customary law exists when: In the first group, there are countries with a “mixed” system influenced by both civil and customary law. The old uncodified civil law of Holland forms the basis of the Romano-Dutch law of South Africa, Zambia, Namibia, Lesotho, Swaziland, Botswana and Sri Lanka; It is characterized by a rich legal literature, which comes from Hugo Grotius (de Groot) in the 17th century. But their long contacts with Britain mean that their public law and judicial systems owe much to the common law. Studies in these specific areas can be considered as micro or macro-comparative comparative comparative comparative law analyses, i.e.
detailed comparisons of two countries or general studies of several countries. Comparative studies of civil law show, for example, how private relations law is organized, interpreted and applied in different systems or countries. It should be noted that there are four types of relationships between religious and legal systems. At one end of the spectrum is the religious system that rules over the legal system called theocracy. At the other end of the spectrum is the legal system that rules over the religious system, like the typical behavior of communist regimes. Between the two ends of the spectrum of relationship types, there are many different coexistence relationships between the two systems that involve a constitutional or voluntary separation of the two coexisting systems. Conceptually, civil law is based on abstractions, formulates general principles and distinguishes between substantive and procedural rules. [3] It considers that the case law is secondary and subordinate to the law. Civil law is often associated with the inquisitorial system, but the terms are not synonymous. Customary law is generally a form of habit,25 that is, long-established practices that have acquired the force of law through joint acceptance or tolerance. It does not vary. Tribal customary law is based on the values, customs and norms of a tribe and is expressed in its customs, traditions and practices.
In some tribes, tribal customary law has been established over time in various court decisions and written statements and has become jurisprudence. In the era of internationalization and globalization of the world economy, law and economics are inextricably linked. Business is the organization of capital and labor to produce a product or service, each aspect of that organization being regulated by law. It should be noted that the law has often been described as “a transparent network” in which the principles of law are hopelessly intertwined. For this reason, any attempt to classify or describe the many and different legal issues is necessarily inaccurate. The following countries have common law legal systems: Common law systems have greater flexibility to provide different types of collateral on assets – an important feature of PPP agreements that involve commercial financing such as BOT. They also have the concept of trusts, which make it possible to hold collateral from a trustee for lenders in a syndicated credit situation without the need for a formal transfer or re-registration of collateral on behalf of new lenders. Civil law has no such concept, so security rights usually have to be re-registered in the name of the new lender (including additional registration fees and notary fees). The France is introducing a fiduciary law that will address a number of these issues. However, in OHADA countries, requests to a notary public are necessary to formalize security interests.
Private law defines who is considered a person capable of entering into legal relationships and deals with his or her legal capacity (to protect the very young or the mentally ill). These natural persons may create other “artificial” legal entities such as associations, foundations and companies. Two common patterns are that of the president and that of the parliamentary system. The former merges ceremonial and political power into a single office, its holder being elected directly and quite separately from the legislative power: it is therefore quite possible (and common in the United States) that the president belongs to one party and that a majority of the legislature belongs to another. It separates the executive and legislative powers, so that neither body can dissolve the other: the president is only dismissable for serious crimes in which the legislator acts as a court. The president appoints ministers for confirmation by the legislature, but there is no collective responsibility of the cabinet. The President usually has a veto over laws, which can only be overturned by a special parliamentary majority. On the other hand, the decisive fiscal power remains in the hands of the legislator. However, some of these legal systems are often and more correctly qualified as hybrids by nature: whatever their origin, most legal systems agree on certain basic premises. First, no one can be guilty of a crime unless the crime is previously defined as such and the conviction is obtained through a legal trial. This is similar to the need for clarity in criminal law, the prohibition of its retroactive effect and certain concepts of “fair trial” and the possibility of legal representation. Second, no one can be prosecuted twice for the same thing.
Third, it is a crime to try a crime or conspire with others to commit one. Fourth, an alleged criminal must have a certain mindset to be convicted of the crime. It is clear that comparative law is a very important discipline in communication between legal systems. In recent years, it has gained practical importance for two reasons. It should be noted that there are three main sources of law in the world. It is also important to note in the field of infrastructure that some forms of infrastructure projects are designated by clearly defined legal terms in civil law jurisdictions. 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. A common method is to demand a special majority in the legislature – two-thirds in Germany, three-fifths in France, with similar systems in India and other Commonwealth countries (and this was the case in the Soviet bloc). Another parliamentary alternative is to ask for a second vote (Italy, Denmark, Finland).
Finally, some systems distribute the power of amendment between legislators and citizens by requiring a referendum either for certain types or methods of change (Denmark, France, Ireland) or for each (Japan). However, it should be noted that comparative law differs from the areas of general jurisprudence (legal theory), international law, including international law, and private international law (also known as conflict of laws). Despite the differences between comparative law and these other areas of law, comparative law helps to shed light on all these areas of normativity.6 Most modern legal systems can be described as common law, civil law, or a mixture of both. Here is a complete list of countries that base their legal systems on codified civil law: Among the many different theses categorizations of legal systems around the world, the following classifications are the most important: Here are some of the most important differences between the common law and civil law systems. . . .