Topic > Differences and similarities between civil law and...

Today every legal system wants to obtain justice. Different legal traditions around the world have given a different meaning to this concept following one of two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and over many centuries developed in continental Europe and is often called the “continental legal system”, achieving its importance through the development of the aqui communitare in Europe. The common law system emerged in England during the Anglo-Saxon period and developed in the British colonies, reaching its peak in the United Kingdom and the United States of America. There are many differences and similarities between civil law and common law judicial law. civil law and common law judicial system, including the so-called adversarial and inquisitorial systems, the different roles of judges and juries, lawyers, parties and witnesses, the different emphasis in the structure of the trials, and different strategies to optimize the search for truth and dispute resolution. In conclusion, this essay will identify the criticisms and advantages of each system. One of the main fundamental differences between the civil law and common law systems is based on the sources of law and its compilation. In the civil law system, the fundamental principles and rules are codified in a code which is considered a primary source of law, prevailing over jurisprudence considered a secondary source. Unlike the civil law system, common law is not generally codified and shaped through legislation, but primarily through case law, and represents a separate and independent source of law from the... middle of paper... .articles. The adversarial system does not focus on the truth, rather the trial and prosecution are designed to give the parties and their lawyers the opportunity to present the truth. The parties' control over the development of the evidence and their lawyers' decisions on how the examinations of witnesses should proceed is a fundamental approach towards seeking the truth. On the contrary, the inquisitorial system is based on the search for truth; judges have control in the fact-finding process, hearing witnesses and allowing opposing parties to explain their position without being subject to scrutiny tactics. Supporters of the inquisitorial system believe that this feature of an adversarial system tolerates the parties providing only evidence favorable to their case. Therefore, the adversarial system will serve the best interest of the parties to manipulate the justice system, rather than to find the truth.