A comparison between the two legal system

1. CONTRACT LAW:
COMMON LAW
& CIVIL LAW
Two legal systems
in comparison

3. CONTRACT LAW
Rules mostly grounded
on a case decision
Law is made by judges

4. CONTRACT LAW
LEGISLATION INTERVENTIONLEGISLATION INTERVENTION
only to:
●change
●add
●implement European directions
RULES

5. SOURCES HIERARCHY
EQUITY
RULES
COMMON LAW
RULES
In case of conflict
between the rules,
With reference to the same
matter,
the equity rules shall prevail

6. MAIN DIFFERENCES
CIVIL LAW:
● private law is
regulated by a set of
rules contained in a
code
● Basically based on
the Roman Law
(Codex iuris civilis)
COMMON LAW
● Incomplete set of
rules not grouped
into a codification
system
● Roman Law did not
have same impact:
England was already
developing its own law

7. AROUND THE WORLD
CIVIL LAW
● Continental Europe
● Scotland
● South Africa
COMMON LAW
– England
– Australia
– Canada (ex. Quebec)
– India
– Ireland
– Hong Kong
– New Zealand
– Singapore
– U.S.A. (ex. Louisiana)

8. HARMONIZATION WITH CIVIL LAW
Recently judges have started
considering civil law because of the
pressure for convergence and
harmonization of the European
Private Law, in particular the Law of
Contract