Civil Law Procedure

What system defines Civil Law trials and procedures?

The Inquisitorial System.

What is the main feature of the inquisitorial system?

The judge plays an active role, controlling the trial and gathering evidence.

What is the goal of the inquisitorial system?

To search for the truth.

How is the adversarial system different?

It places more responsibility on the parties; the judge plays a passive role and ensures fair procedure.

In which legal systems is the adversarial system used?

Common Law systems like the U.S. and U.K.

In a contract dispute in France, who leads the investigation?

The judge.

What is the role of lawyers in an inquisitorial system?

Limited – they present arguments but do not control evidence gathering.

What is the main method of evidence gathering in Common Law?

Discovery – parties must share relevant documents pre-trial.

Does the Civil Law system use discovery?

No, the judge gathers the evidence.

In Common Law, which is valued more: oral or written evidence?

Oral evidence.

In Civil Law, which is valued more: oral or written evidence?

Written evidence.

What happens if a document contradicts a witness statement in Civil Law?

The document usually prevails.

According to French Civil Code Article 1359, what is required for transactions over €1,500?

Written evidence.

What are public documents in French law?

Documents made by a public authority (e.g., notary) with strong probative value.

What are private documents in French law?

Documents written and signed by the parties, with less probative value than public documents.

What does UAE Federal Law No. 35/2022 (Article 66) state about transactions over AED 50,000?

They must be proven in writing; oral testimony alone is not accepted unless agreed otherwise.