Legal System of World

Civil law system influenced by the French legal tradition There are two main types of legal systems in the world, with most countries adopting features of one or the other in their own legal systems, common law and civil law. In the parliamentary system, the head of state differs from the head of government – called prime minister, prime minister (or in Germany federal chancellor). The head of state may be a hereditary monarch or a directly elected president. However, the Prime Minister is not elected directly by the voters, but is appointed from the majority or coalition faction in the Legislative Assembly. The prime minister and other ministers do not have a fixed mandate, but can in principle be forced to resign by a parliamentary vote of no confidence in the government. This is usually compensated by the executive power to dissolve the legislature and call new elections (although there may be some protection against hasty or repeated dissolution). The Prime Minister and ministers dominate in two directions. First of all, although the powers of the head of state seem impressive on paper (summoning the legislative branch, enacting laws, granting pardons, etc.), in practice they are exercised under the direction of the government. Second, the executive branch controls the legislative calendar and generally has the exclusive power to introduce financial laws. There are hundreds of legal systems in the world. At the global level, international law is of great importance, whether through the practice of sovereign States or through agreement between them in the form of treaties and other agreements. Some transnational entities, such as the European Union, have created their own legal structures.

At the national level, the United Nations has more than 180 sovereign States. Many of them are federal and their components may have their own additional laws. Common law systems provide greater flexibility in providing different types of collateral for assets – an important feature of commercially financed PPP agreements such as BOTs. They also have the concept of trusts, which allow collateral interests of a trustee to be held for lenders in a syndicated loan situation without the need to formally transfer or re-register collateral interests on behalf of new lenders. Civil law does not know such a concept, so security rights usually have to be re-registered in the name of the new lender (with additional registration fees and notary fees). The France is in the process of putting in place a trust law that will solve a number of these problems. However, in OHADA countries, deposits involving a notary public are necessary to formalize securities. In civil law systems, court proceedings are investigations conducted by the court to determine how the facts fit into the already established codes applicable to the situation. The judicial system is designed in such a way that the jurisdiction of each court is a specific type of code: tax courts, administrative courts, maritime courts, constitutional courts, etc. Although the length of constitutions varies considerably, most details are usually devoted to the legislative and executive branches and the relationship between them. Federal systems, of course, have bicameral legislation. But also many unitary systems, where the House of Commons is directly elected and the House of Lords is composed of those who can represent rural interests (France) or have particular competences (Ireland).

In most countries (but not in the United States), the House of Commons can ultimately override the House of Lords. Private law defines who is considered to have legal capacity and deals with their legal capacity (for the protection of the very young or mentally ill). These natural persons may create other “artificial” legal entities such as associations, foundations and companies. mixed legal system of civil law based on the French Civil Code, the Ottoman legal tradition and religious laws governing civil status, marriage, divorce and other family relations of the Jewish, Islamic and Christian communities Religious law refers to the notion of a religious system or document used as a source of law, although the methodology used varies. For example, the use of Judaism and halacha for public law has a static and immutable quality that excludes amendment by legislative acts of government or development by judicial precedent; Christian canon law is closer to civil law in its use of codes; And Islamic Sharia (and fiqh jurisprudence) is based on precedent and reasoning by analogy (qiyas) and is therefore considered similar to common law. [21] Civil law system with traces of socialist legal traditions and practices Two widespread models are that of the presidential system and that of the parliamentary system. The former merges ceremonial and political power into a single office, with its holder elected directly and completely separately from the legislature: it is therefore quite possible (and common in the United States) for the president of one party and a majority of the legislature to belong to another party. It separates the executive and legislative powers, so neither institution can dissolve the other: the president is impeached only for serious crimes in which the legislature acts as a court. The president appoints ministers for confirmation by the legislature, but there is no collective responsibility of cabinet.

The president usually has veto power over laws, which can only be overridden by a special parliamentary majority. On the other hand, the decisive power of taxation lies with the legislator. In 2014, a new Civil Code was promulgated, replacing the 1964 Civil Code – based on the old Austro-Hungarian Civil Code and socialist theory – and reintroducing the old Czech legal terminology. The American legal system and other legal systems emanating from British rule are a common law system.44 Originally, the common law meant a law made by judges that filled in the gaps when there was no There was a written law. The judges looked at previous decisions to determine unwritten judicial law and apply it to new cases. Today, however, almost all laws are written and enacted by a legislator as laws. Many statutes codify, amend or abolish the established common law, depending on the purpose of the statute. There are cases where an unwritten common law is still applied, but these are rare.