In the West, Justinian`s political authority never went further than parts of the Italian and Hispanic peninsulas. In the legal texts published by the Germanic kings, however, the influence of the early Eastern Roman codes on some of them is quite recognizable. In many early Germanic states, Roman citizens were still governed by Roman law for some time, even though members of the various Germanic tribes were governed by their respective codes. Rei vindicatio is an action by which the plaintiff demands that the defendant return something that belongs to him. It may only be used if the plaintiff is the owner of the thing and the defendant somehow interferes with the possession of the thing by the plaintiff. The plaintiff may also initiate an actio furti (personal action) to punish the defendant. If the case could not be restored, the plaintiff could claim damages from the defendant using condictio furtiva (a personal action). With the help of the actio legis Aquiliae (personal action), the plaintiff was able to claim damages from the defendant. Rei vindicatio was derived from ius civile and was therefore only available to Roman citizens. Civil law courts treat contracts differently in many respects, with the state playing a more interventionist role in the drafting and enforcement of contracts. [202] Compared to common law jurisdictions, civil law systems contain more binding clauses in contracts, give courts greater flexibility in interpreting and revising contract terms, and impose stricter good faith obligations, but are also better able to apply punitive clauses and specific performance of contracts.
[202] Nor do they require that the binding nature of a contract be taken into consideration. [203] In France, an ordinary contract is said to be concluded simply on the basis of a “meeting of spirits” or a “concurrence of wills.” Germany has a particular approach to contracts that is related to property law. Their “principle of abstraction” means that the personal contractual obligation is constituted separately from the title deed. If contracts become invalid for any reason (for example, if a car buyer is so drunk as to be incompetent),[204] the contractual payment obligation may be declared invalid separately from vehicle ownership. The Enrichment Without Cause Act, not contract law, is then used to return ownership to the rightful owner. [205] Anarchism was practiced in society in much of the world. Anarchist mass communities ranging from Syria to the United States exist and range from hundreds to millions. Anarchism encompasses a wide range of socio-political philosophies with different tendencies and implementations. A judiciary is theoretically bound by the constitution, just like all other organs of the state. In most countries, judges are only allowed to interpret the Constitution and all other laws. But in common law countries where issues are unconstitutional, the judiciary can also create laws under the doctrine of precedent.
The United Kingdom, Finland and New Zealand affirm the ideal of parliamentary sovereignty, according to which the unelected judiciary cannot override a law passed by a democratic legislature. [133] Many laws include the Lex Canuleia (445 BC). ; which authorized marriage – ius connubii – between patricians and plebeians), the Leges Licinae Sextiae (367 BC; which limited the possession of public lands – ager publicus – and also ensured that one of the consuls was plebeian), the Lex Ogulnia (300 BC; plebeians had access to priestly posts) and the Lex Hortensia (287 BC; The judgments of the plebeian assemblies – plebiscita – now bind all peoples). Constitutional and administrative law governs the affairs of the State. Constitutional law concerns the relations between the executive, legislative and judicial branches as well as the human rights or civil liberties of the individual vis-à-vis the State. Most jurisdictions, such as the United States and France, have a single constitution codified with a bill of rights. A few, such as the United Kingdom, do not have such a document. A “constitution” is simply the laws that make up the political system, composed of law, jurisprudence and conventions. A case entitled Entick v. Carrington[184] illustrates a constitutional principle derived from the common law.
Entink`s house was searched and searched by Sheriff Carrington. When Entick complained in court, Sheriff Carrington argued that a warrant for his arrest issued by a minister, the Earl of Halifax, was a valid authority. However, there was no written legal regulation or judicial authority. Chief Justice Lord Camden said: “Congress and state legislatures also contribute to our legal system. Legislative bodies can generally pass new laws that amend or build on our existing laws. For example, the United States Congress was created by Article I, Section 1 of our U.S. Constitution. This legislative body consists of the Senate and the House of Representatives. You can enact new laws as long as those new laws do not conflict with the U.S.
Constitution. These laws are codified or written and organized into codes such as the United States Code, which contains all laws enacted by the U.S. Congress. The history of Roman law can be divided into three procedural systems: that of legis actiones, the system of form and cognitio extra ordinem. The periods in which these systems were used overlapped and had no definitive breaks, but it can be noted that the legis actio system prevailed from the time of the twelfth tables (about 450 BC) until the end of the 2nd century BC, that the formula method was mainly used from the last century of the Republic to the end of the classical period (about 200 AD). and that of the Cognitio extra ordinem was in use in the post-classical period. Again, this data is designed as a tool to understand the types of procedures used, not as a rigid boundary where one system ended and another began. [7] The practical application of Roman law and the era of the European ius commune ended with national codifications. In 1804, the French Civil Code came into force.
During the 19th century, many European states adopted the French model or wrote their own codes. In Germany, the political situation has made it impossible to create a national code. Since the 17th century, Roman law in Germany has been heavily influenced by (customary) domestic law and has been called usus modernus Pandectarum. In some parts of Germany, Roman law continued to apply until the entry into force of the Civil Code (BGB) in 1900. [10] In the development of the common law, academic literature has always played an important role, both in gathering general principles from dispersed jurisprudence and in advocating for change. William Blackstone was the first scholar to collect, describe and teach the common law from about 1760. [103] But by describing it alone, researchers searching for explanations and underlying structures slowly changed the way the law actually worked. [104] To pass laws, a majority of the members of a legislative assembly in each house must vote in favour of a bill (bill). Normally, there will be several readings and amendments proposed by the different political groups. If a country has a well-established constitution, a special majority may be required for constitutional amendments, making legislative changes more difficult. As a rule, a government leads the process, which can be formed by MPs (e.g. in Britain or Germany).
However, in a presidential system, the government is usually formed by an executive branch and its appointed officials (e.g., the United States or Brazil). [138] In general, legal systems can be divided between civil and customary law. [81] Modern scholars argue that the importance of this distinction has increasingly diminished; The many legal registries typical of modern law mean that modern legal systems share many features traditionally considered typical of common law or civil law. [67] [82] The term “civil law”, which refers to the civil legal system originating in continental Europe, should not be confused with the term “civil law” in the sense of common law issues distinct from criminal and public law. The adaptation of the law to new needs has been entrusted to legal practice, judges and, above all, lenders. A praetor was not a legislator and technically did not create a new law when he issued his edicts (magistratuum edicta).
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