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Reply #32: After all this time [View All]

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Maple Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-09-05 12:45 PM
Response to Reply #25
32. After all this time
Scotland's laws have become a blend, but:

'Civil or civilian law is a legal tradition which is the basis of the law in the majority of countries of the world, especially in continental Europe, but also in Quebec (Canada), Louisiana (USA), Japan, Latin America, and most former colonies of continental European countries. The Scottish legal system is usually considered to be a mixed system in that Scots law has a basis in Roman law, combining features of both uncodified Civil law dating back to the Corpus Juris Civilis and common law with medieval sources, further influenced by English law after the Union of 1707.

In the United States, civil law is formally the basis of the law of Louisiana (as circumscribed by federal law and the U.S. Constitution), although in western and southwestern parts of the U.S., laws in such diverse areas as divorce and water rights show the influence of their Iberian civil-law heritage, being based on distinctly different principles from the laws of the northeastern states colonized by settlers with English common-law roots.'

'Civil law is primarily contrasted against common law, which is the legal system developed among Anglo-Saxon peoples, especially in England.'


'Sparked by the age of enlightenment, attempts to codify private law began during the second half of the 18th century (see civil code), but civil codes with a lasting influence were promulgated only after the French Revolution, in jurisdictions such as France (with its Napoleonic Code), Austria (see ABGB), Quebec (see Civil Code of Quebec), Spain, the Netherlands and Germany (see BGB). However, codification is by no means a defining characteristic of a civil law system, as e.g. the civil law systems of Scandinavian countries remain largely uncodified, whereas common law jurisdictions have frequently codified parts of their laws, e.g. in the U.S. Uniform Commercial Code. There are also mixed systems, such as the laws of Scotland, Namibia and South Africa.'

http://www.nationmaster.com/encyclopedia/Civil-law -(legal-system)#Civil_vs_Common_law
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