Chapter 2: Distinctive Elements of The Civil Law System

Civil Law System

A legal system influenced by Roman Law characterized by a focus on written law and codification.

Codification

The process of compiling and systematizing laws into codes, fundamental to the Civil Law system.

Private Law

Law governing relationships between individuals, emphasizing equality between parties.

Public Law

Law governing the relationships between the state and its citizens, aimed at public interest.

Dichotomy

The significant distinction between Private Law and Public Law within the legal system.

Substantive Law

Legal rules that create, define, and regulate rights, obligations, and liabilities of persons.

Procedural Law

Rules governing the processes and procedures by which laws are enforced.

Common Law

A legal system mainly based on case law and judicial precedents rather than codified statutes.

Administrative Courts

Specialized courts that handle disputes involving the state in areas of public law.

Ordinary Courts

Courts that are concerned with private law litigation between individuals.

Civil Law Notary

A public officer in the Civil Law system who has an official role, recognized for certifying documents.

Trial Court

The first level of court where legal cases are heard and decided.

Court of Appeal

A higher court that reviews decisions made by lower courts.

Judges

Legal professionals who preside over court proceedings and make rulings on legal matters.

Legal Advisors

Professionals providing legal guidance, typically not involved in court cases.

Equal Parties

In Private Law, the relationship between individuals is characterized by equality and mutual respect.

Public Power

Authority exercised by the state to protect and promote public interests.