Civil law and common law history and impact on globalization

Civil law and common law history and impact on globalization

Common law in some areas makes it easy for foreign people to go and study as well as practice teams. In other countries like China or India, it is almost impossible to find legal power as a foreigner. Today, there are four legal systems that are used worldwide. They are civil rights, also known as codices, common law, bijurdisk / mixed (civil and common law) and Islamic law. The two major legal systems used today are common law and civil law. They both developed around the same time in Europe by various imperial powers. Both legal systems are also extremely important for how countries and businesses work globally. Both legal systems also have an impact on international commercial arbitration proceedings.

Common law was developed by the British during the Middle Ages and applied throughout the colonies as they controlled. An example of this is the United States. Common law was created primarily to protect the rights of feudal landowners and possibly moved to protect capital and the right to accumulation as merchants could capture a larger proportion of the Kingdom in England. In order to adequately achieve justice, a court of justice is used which is entitled to apply principles of equity.

Common law is usually unmodified, which means that there is no comprehensive compilation of legal rules and certain statutes. However, ordinary law usually builds on precedent, which means that cases are based on judicial decisions made in similar cases. The predecessors are recorded through documentation collections called yearbooks or reports. The case is determined by a jury and a judge is used to determine what the sentence will be.

Civil law developed in Spain and Portugal and was subsequently accepted by countries such as Japan and Russia to gain economic and political power. Civil law tradition comes from Roman law and the canon law influenced by Catholic Church Law.

Civil law is more codified as opposed to ordinary law, which is usually unmodified. It has a set of updated team codes that they use to determine what questions can be raised before the court. The penalty is already decided before the problems arise in court depending on which team code is involved. The judge's role in a civil-law issue is to determine what is the facts in the case and to determine the target according to the codes.

Civil law and common law, although different in a variety of systems worldwide, are beginning to go against standards within the international commercial arbitration. Fusion of styles has allowed civil law attorneys to say that common law is a more dominant style. However, efforts have been made to meet civil law values ​​in international commercial arbitration proceedings. Examples of this are IBA's rules on the taking of evidence in international trade and ICSID arbitration. The IBA rules were written by fifteen lawyers from both legal systems and are a mixture of common practice. between the two systems.

Countries have different requirements for what foreign attorneys can do in each country. For example, in America, it is quite easy for anyone in the world to join our legal system. People must pass the New York bard exam and also spend one year getting a team champion at any university in America. But in China and Brazil it's much harder to get something done if you are a foreign company. Foreigners can advise on international law, but they can not provide any legal representation in local courts in these countries. which makes it extremely difficult for foreign companies. The only exception is Hong, which allowed foreigners to take the local bar sample to provide legal representation. Although Chinese lawyers take a job with a foreign company, they must temporarily lose the right to practice any kind of Chinese law. Then there are countries like India that are closed to some kind of foreign lawyers of some capacity and do not even allow advice on international law. The Mumbai High Court of India considered it illegal for the offices that some third parties have opened there to exist. The Indian government has said it plans to appeal the office rule but it seems very unlikely.


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