Lesson 77: Torts Law in Common Law vs. Civil Law Systems
Welcome to Lesson 77 of our Comparative Torts Law series. In this lesson, we will explore the differences between Torts Law in Common Law and Civil Law systems.
Common Law System
In a Common Law system, Torts Law is primarily developed through judicial decisions. Courts follow the principle of stare decisis, meaning they rely on precedents set by previous cases.
Donoghue v Stevenson [1932] AC 562 (House of Lords)
Merits of Common Law System
- Flexibility and adaptability
- Detailed case law provides guidance
- Judicial decisions can fill gaps in legislation
Civil Law System
In a Civil Law system, Torts Law is codified in statutes. Judges apply these statutes to cases, and there is less emphasis on judicial precedent.
Article 1382 of the French Civil Code: "Any act whatever of man that causes damage to another, obliges him by whose fault it occurred to repair it."
Merits of Civil Law System
- Clarity and predictability through codification
- Less judicial discretion
- Uniformity in the application of the law
Key Differences Illustrated
The following diagram illustrates the key differences between Common Law and Civil Law systems:
mermaid graph LR A["Common Law System"] --> B["Judicial Precedents"] A --> C["Case Law"] D["Civil Law System"] --> E["Codified Statutes"] D --> F["Less Emphasis on Precedent"]Impact on Torts Law
The differences between Common Law and Civil Law systems have significant implications for Torts Law:
- Development of Law: Common Law evolves through case decisions, while Civil Law is more static and relies on legislative updates.
- Role of Judges: Judges in Common Law systems have more interpretative power, whereas Civil Law judges primarily apply statutory provisions.
- Legal Certainty: Civil Law offers more predictability due to codified rules, while Common Law provides flexibility through precedent.
Conclusion
Both systems have their own strengths and challenges. Understanding these differences is essential for legal professionals working in international contexts.
To explore more on this topic, you may refer to other lessons in our instructable:
For further reading, consider the following books: