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Questions tagged [civil-legal-system]

Civil law is a legal system originating in Continental Europe based on a codified set of principles that serve as the primary source of law. Often contrasted with the common law system, which originated in England. Common law is predominant in Anglophone areas and civil law in areas speaking other European languages. Not to be confused with [civil law] claims, which is a person-to-person legal redress that can arise under any legal system.

2 votes
1 answer
89 views

Spanish Law regarding the use of an object in the commission of a rape?

I am doing some research into what constitutes a rape in countries around the world. This is where the male is the aggressor towards the female, to not overcomplicate my search. Assume that a woman ...
user5623335's user avatar
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2 votes
1 answer
153 views

Binding precedents in Quebec and Louisiana?

I have often heard that the state of Louisiana and the province of Quebec have systems of civil law rather than common law, and that the major difference is that in the latter system there are binding ...
Michael Hardy's user avatar
2 votes
1 answer
48 views

Japan: Civil Code (Act 89 of 1896, Act 44 of 2017): Where are penalty scopes described?

Civil Code of Japan is described in Acts 89 of 1896, I am not sure why there is dual reference, probably it was mended in 2017 under Act 44. I.e. the Civil Code of Japan, most part of which is ...
Asdf's user avatar
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6 votes
1 answer
704 views

What is a “legal code,” and is the British statute book one?

A recent answer laments the ostensible apparent lack of a “legal code.” But just what is a legal “code,” such as presumably the “U.S. CODE,” our various other countries’ so called “civil codes,” and ...
TylerDurden's user avatar
4 votes
0 answers
140 views

Options for elderly Korean woman whose son has abandoned her

This question is specific to The Republic of Korea (commonly called South Korea). An elderly Korean woman is estranged from her financially successful son. She is impoverished, with minimal income. ...
user3390022's user avatar
1 vote
2 answers
139 views

Basis of real property ownership in civil law and non-Anglosphere countries

In England and perhaps other common law jurisdictions, property ownership is governed by the feudal remnant called "tenure", whereby what is commonly called "owning" is actually a &...
gast's user avatar
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0 votes
1 answer
256 views

Is it against the law (Federal, Provincial or Civil), in Regina, Saskatchewan, to NOT allow customers to use a toilet in a major grocery store?

Yesterday, while doing my (quite large) grocery shopping, I “felt the need” to use the bathroom. I went to where the bathroom was, and the sign was gone, and the door was locked! I asked a worker if ...
Kathy Adams's user avatar
1 vote
1 answer
84 views

Which legal system has more specific and generic laws? [closed]

With respect to the Common Law System and the Civil Legal System, which of these have more specific laws and which are more generic? This question could also cover any other law systems in regards to ...
user5623335's user avatar
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7 votes
5 answers
2k views

Is common law required in the federal system in the US?

The US constitution doesn't prescribe that any state use common law. Louisianan law is based on the Napoleonic laws. But is the federal government supposed to use it? Imagine that for some reason, ...
R-Obsessive's user avatar
  • 1,195
5 votes
2 answers
1k views

common law vs civil law differences

I am trying to get a better understanding of differences between common law and civil law legal systems. Here is what I was able to find online: in common law there is the idea of a precedent, while ...
Jankoo's user avatar
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0 votes
3 answers
196 views

Why is it called Civil Law? What's "civil" about it?

Why is a civil legal system referred to as a system of “civil” law? In what sense is it “civil”? Does the name derive from origins in or association with the civil code or code civil? In this case, ...
TylerDurden's user avatar
4 votes
1 answer
118 views

Why does the high court of chivalry follow “civil law,” and what does this mean?

The English so called high court of chivalry, archaic and now rarely used, is said by Wikipedia to follow civil law (ie not common law). How does this work, and how did it come to be? https://en.m....
TylerDurden's user avatar
1 vote
1 answer
115 views

Countries where re-sentencing is not allowed?

Are there any countries, where currently, a sentence cannot be appealed by the prosecution's side for being unduly lenient? For example, someone is given a year suspended sentence for burglary, and ...
user5623335's user avatar
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2 votes
1 answer
65 views

What year did Spain outlaw computer virus spreading?

What year did Spain outlaw malware (computer virus), in the public side of their Civil Legal System? I am also interested in what the penalty would be, as having read through their criminal Articles ...
user5623335's user avatar
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3 votes
1 answer
89 views

How would an extradition work when only one of two actions was criminal?

Pretend somebody committed two different acts that were considered crimes in their country. This person then fled to another country, where only one of their acts is considered a crime. In the above ...
user5623335's user avatar
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