Continental legal system - Курсовая работа

Continentual legal family - is the family which includes the countries in which the jurisprudence has developed on the basis of the Roman right. Here on the foreground norms of the right which are surveyed as the norms of behavior which are based on the requirements of justice and morality. the primary goal of jurisprudence is to define, what should be these norms. In the modern world each state has its own right, but sometimes in the same state operate competing legal systems. The right have also nonstate communities: the initial right, the Muslim right, the Hindu right, the Judaic right. It allows to tap more full, more contrastly the most essential correlation, subordinations and other communications and other relations between whole and its parts, and also to define a place and a role of each link of system in the general work of all legal mechanism the state.The legal system -`is set of internally compounded, interconnected, socially homogeneous legal agents (phenomena) with which help the official power renders reguljativno-organizing and stabilizing influence on public relations, behavior of people (fastening, adjustment the permission, prohibition, belief and compulsion, stimulation and restriction and so on).1 The category "a legal family" serves for a designation of group of legal systems united on the basis of a generality of sources, structure of the right and other legal signs, and as historical way of its formation. So, in the romano-German legal family is distinguished the group of roman right (France, Belgium, Spain, Switzerland, Portugal, Romania) the right of the Latin American countries, the initial right, and group of the German right which includes legal systems of Germany, Austria, Hungary, the Scandinavian countries and others. It is the most widespread type of legal system in the world, applied in various forms in approximately 150 countries and oldest surviving legal system in the world. Civil law systems may be subdivided into further categories: Countries where Roman law in some form is still living law and there has been no attempt to create a civil code: Andorra and San Marino.The civil law system takes as its major inspiration Roman law , and in particular the Corpus Juris Civilis of Emperor Justinian , and subsequent expounding and developments in Medieval Roman Law . Roman law was received differently in different countries. It was first received into the Holy Roman Empire partly because it was considered imperial law, and it spread in Europe mainly because its students were the only trained lawyers. Roman law was a secondary source that was applied only when local customs and laws were found lacking on a certain subject.Circumstances which have defined an important role of the law as the basic source romano-German, have caused also possibility, necessity of codification of the right. By codification the right is resulted in system, it appears as though penetrated by certain principles. Codification gives to the right definiteness and clearness, considerably facilitates its practical use and is logical end of the understanding which has developed in continental Europe of the rule of law and the right as a whole. Codification finishes formation of the romano-German legal system as complete phenomenon. That ideal required the creation of certainty of law, through the recording of law and through its uniformity.N in his work defines the general sources of the right for the legal systems, which are entered into Romano-German a legal family: Regulatory legal acts led by the law. In Romano-German countries of a legal family, it is considered that for the lawyer the best way of an establishment of the fair decision corresponding to the right is the reference to the law. The concept of norms accepted in a legislative order recognizes that in this system of norms containing the norms not only in certificates, accepted by a legislature, but also in the certificates proceeding from “executive - administrative and administrative bodies. For example into France except laws in system of is standard - legal certificates enter the certificates published according to item 37 of the Constitution of France, on questions, “not entering into legislation sphere”. Thus the custom has lost character of an independent source of the right on right Romano-German modern development.The system of right for the continental countries of Europe has the structure which is folded, as well as in the Roman law, from two subsystems - public and private. Imperative (categorical) norms which can not change participants of legal relationships prevail in the subsystem of public law. Non-mandatory norms prevail in the subsystem of private right, and only in that part in which they are not changed the participants of relations. Industries of subsystem of private right: civil, domestic, point-of-sale, international private, separate institutes of labour right (on the whole the mixed character has a labour rig

Contents

Introduction

1. Definition and overview of civil law system

2. History of appearance and development of the Roman-German legal family

2.1 Codification

2.2 Sourses of the right

3. General characteristics of civil law legal system

3.1 Law system and its structure

3.2 Distinctive features of the system

3.3 Soubgroups in the civil law system

4.Consept of civil law system

Conclusions

Bibliography