A common law system is less prescriptive than a civil law system. A government may therefore wish to include the protection of its citizens in specific legislation related to the planned infrastructure programme. For example, it may want to prohibit the service provider from interrupting the water or electricity supply to defaulting payers, or it may require that documents related to the transaction be disclosed in accordance with an access to information law. There may also be legal requirements that include equivalent tariff provisions in a contract when one party is in a much stronger negotiating position than the other. For more information, see Laws and Regulations. Under Sources of Law, we stated that some countries will give more weight to certain sources of law than others, and that some will place more emphasis on judicial decisions than others. This section examines the main features of each system and highlights areas of particular importance for PPP projects: lawyers continue to represent the interests of their clients in civil proceedings, but have a less central role. However, as in common law systems, its functions often consist of advising clients on legal matters and preparing pleadings for submission to the court. But the importance of oral proceedings, court presentations and active advocacy in court is diminished compared to a common law system. In addition, non-procedural legal tasks, such as preparing wills and drafting contracts, may be left to quasi-lawyers who serve businesses and individuals and who may not have post-graduate legal training or are not allowed to practise in court. The main types of religious law are Sharia in Islam, halakha in Judaism and canon law in some Christian groups. In some cases, these are intended purely for individual moral guidance, while in other cases they are intended and can be used as the basis of a country`s legal system. The latter was particularly common in the Middle Ages.
Germanist to Napoleonic influence: The Swiss Civil Code is considered to be mainly influenced by the German Civil Code and in part by the French Civil Code. The Civil Code of the Republic of Turkey is a slightly modified version of the Swiss Code adopted in 1926 under the presidency of Mustafa Kemal Atatürk as part of the progressive reforms and secularization of the government. Civil law is sometimes called Neo-Roman law, Romano-Germanic law or continental law. The term “civil law” is a translation of the Latin jus civile or “civil law”, which was the late imperial term for its legal system, as opposed to the laws on conquered peoples (jus gentium); hence the title of Corpus Juris Civilis of the Justinian Codex. However, civil lawyers traditionally refer to their system in the broadest sense as a common juice. Civil law is the most widely used legal system in the world, in force in various forms in about 150 countries. [6] It relies heavily on Roman law, arguably the most complicated legal system known before modern times. Religious law refers to the idea that a religious system or document is used as a legal source, although the methodology used varies. For example, the use of Judaism and Halakha for public law has a static and immutable quality that prevents change through legislative acts of government or development through judicial precedents; Christian canon law is similar to civil law in its use of codes; and Islamic Sharia (and fiqh jurisprudence) is based on legal precedents and analogous arguments (qiyas) and is therefore considered similar to the common law.
[21] Germanic codes published in the 6th and 7th centuries. In order to clearly distinguish the law applicable to the Germanic privileged classes from their Roman subjects and to regulate these laws according to popular law. Under feudal law, a number of private custumals were set up, first under the Norman Empire (Very Old Customary, 1200-1245), then elsewhere to record majestic – and later regional – customs of court decisions and the legal principles underlying them. The Custumals were mandated by lords who presided over the owners` courts as lay judges to inquire about the trial. The use of clients from influential cities quickly became commonplace in large areas. In accordance with this, some monarchs consolidated their kingdoms by trying to set up custumals to serve as the law of the land for their empires, such as Charles VII. In 1454 he commissioned an official Custumal of the law of the Crown . . . .