Minggu, 08 Agustus 2010

CIVIL LAW AND COMMON LAW


Country Description
Botswana South African law (a mixed system) transferred uno acto through a proclamation of reception
Cameroon
Cyprus Based on English common law (Cyprus was a British colony 1878-1960), with admixtures of French and Greek civil and public law, Italian civil law, Indian contract law, Greek Orthodox canon law, Muslim religious law, and Ottoman civil law.
Guyana
Israel Originally (1948) based on English common law; in the process, influenced by German civil law—for instance, between 1962 and 1981, the Knesset issued twenty (20) wide-ranging laws, which were clearly influenced by civil law, and were in the form of codes. Religious law plays a role, especially in matters of personal status and family law, and judicial and legislative decisions take into account Jewish law (halakhah) on occasion.
Lesotho South African law (a mixed system) transferred uno acto through a proclamation of reception
Louisiana
(U.S.)
Based on French and Spanish civil law, but federal laws (based on common law) are in effect in Louisiana as well.
Malta Initially based on Roman Law and eventually progressed to the Code de Rohan, Code Napoleon with influences from Italian Civil Law. English common law however is also a source of Maltese Law, most notably in Public Law
Mauritius
Namibia South African law (a mixed system) transferred uno acto through a proclamation of reception
Philippines Based on Spanish law; influenced by U.S. common law after 1898 Spanish and Philippine-American Wars, personal law based on sharia law applies to Muslims
Puerto Rico
(U.S.)
Based on Spanish law; influenced by U.S. common law after 1898 (victory of the U.S. over Spain in the Spanish-American war of 1898 and cession of Puerto Rico to the U.S.)
Quebec
(Canada)
After the defeat of the French in the battle at the Plains of Abraham, the British allowed them to keep their language (French), their religion (Roman Catholicism), and their legal system (civil law). However, as Quebec is part of the Canadian Confederation, English-based laws applied at the federal level are in effect in Quebec also.
Saint Lucia
Scotland based on Roman and continental law, with common law elements dating back to the High Middle Ages
Seychelles The substantive civil law is based on the French Civil Code. Otherwise the criminal law and court procedure are based on the English common law. See Seychelles Legal Environment.
South Africa An amalgam of English common law and Roman-Dutch civil law as well as Customary Law.
Sri Lanka An amalgam of English common law, Roman-Dutch civil law and Customary Law
Swaziland South African law (a mixed system) transferred uno acto through a proclamation of reception
Thailand The Thai legal system became an amalgam of German, Swiss, French, English, Japanese, Italian, and Indian laws and practices. Even today, Islamic laws and practices exist in four southern provinces. Over the years, Thai law has naturally taken on its own Thai identity].
Vanuatu
Zimbabwe South African law (a mixed system) transferred uno acto through a proclamation of reception