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Explain The Main Differences Between Common And Civil Legal Systems; Discuss The Feasibility Of The Convergence Between These Legal Systems.

1463 words - 6 pages

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Obviously, definite and unified legislation all round the world is the dream of many people because it would make many aspects of life easier and certain. For example, the dissimilarity between law and legal proceedings of different states is one of the obvious barriers to and free trading and investing. However, every state has own legislation by the reason of diverse mentality, religion and historical heritage. All the state laws can be divided for convenience into three main legal systems of the world; which are civil law, common law and religious law. The main purpose of this work is to clarify the principal distinction between Common and Civil Legal Systems. Consequently, the knowledge of these distinctions will make it possible to discuss the feasibility of the convergence and unification of these legal systems.

According to Winterton (1975) legal system in the broad sense can be considered as juristic philosophy and methods shared by the number of states with broadly identical legal systems. There are two major legal systems to consider; the civil law and common law legal systems. Civil law is the oldest and the most widespread legal system in the world. According to Neubauer and Meinhold (2006) civil law is based on a code and the orderly collection of interdependent articles written in a laconic, detached manner. The civil law system is built on the Roman law of Justinian's Corpus Juris Civilis (Body of Civil Law). The Code Napoleon (1804) can be considered as an example of Civil Code in a modern state.

Roman law did not actually influence the common legal system of England. The term "common law" refers to the Norman Conquest of England in 1066 which paved the way to the establishment of common law throughout the realm. The main feature of common law system is the influence of judicial decision as the major source of law rather than legislative states. Law is relied mostly on customs and traditions and the reasonableness of the judges' decisions was the most important point. Common law legal system is primarily in use in the states which inherited English common law system such as the United Kingdom, most of the United States, Canada, India, New Zealand, and Australia etc.

Uzbekistan, along with other post-soviet countries is experiencing the transition from the socialist law to civil law. There are some peculiarities in the civil law system of Uzbekistan; the executive branch has much more authority in order to accelerate the process of conversion to free market and civil society. The resources of decrees of the president and the cabinet of ministers are widely used. The president also has the authority to appoint and dismiss the judges of regional, district, city and arbitration courts. In whole, Uzbekistan legal system is the part of the civil law system.

The source of law is probably the main distinguisher of a Legal System. The sources of law are legislation, codes, judicial...

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