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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.

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Funds Taken from Personal Savings Account, Attorney in San Diego,Ca., Claiming I owed money, Im told courts approved, over 13 yrs ago. Is this Legal? [closed]

I am not sure where to begin as I just learned of this from my bank I no longer belong to. The savings account was not even mine, which is another reason I only learned of this money being withdrawn ...
Trusted Local 's user avatar
2 votes
1 answer
145 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
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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
698 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
139 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
108 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
224 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
78 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
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5 votes
2 answers
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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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3 answers
189 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
111 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
114 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
87 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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0 votes
1 answer
239 views

In civil court what happens when two cases overlap?

What happens when there are two pending / overlapping court cases where the decision in one case effects the outcome of the other case. Would the court allow the second case to be heard/filed before a ...
S.O.S's user avatar
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1 answer
204 views

Countries with similar sexual offences Laws to Germany?

I will start by saying that my research into German law is incredibly limited, and I am just following news articles on the topic. I of course apologise if I have fallen for fake news! My ...
user5623335's user avatar
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-2 votes
1 answer
171 views

Have any countries banned helicopters?

I was curious as to whether any countries had banned helicopters being flown within their air space? Whether this be people flying there for business purposes, flying domestically, or leaving the ...
user5623335's user avatar
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0 votes
1 answer
69 views

What do i do how do I get my truck back or paid for everything that I've lost [closed]

Someone(ex roommate who i had sexual relations with) forged my signature on a bill of sale and stole my truck i Called to report it and the police won't do nothing since the truck is no longer in my ...
user47266's user avatar
1 vote
1 answer
131 views

What was the scope of the Norman influence upon the English legal system?

Which aspects of the English legal system are characterized by clear influences from France? How is this reconciled with the different (civil/common law) paradigms? For example, the justices of the ...
JosephCorrectEnglishPronouns's user avatar
2 votes
0 answers
39 views

What is the basic structure of Indian Law?

Recently, I read the constitution of India and it was great. However, I'm unable to understand how Acts are made, what current classifications are. I find quite some overlap in laws, patchwork, ...
sagar_acharya's user avatar
3 votes
1 answer
177 views

Statutory Interpretation in Civil-Legal Systems?

There are several Statutory Interpretation rules which judges within the United Kingdom must follow when trying criminal cases under the Common Law system. These rules are used to prevent laws from ...
user5623335's user avatar
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7 votes
4 answers
4k views

Can I sign a new contract before resigning from a job that has not yet started

I have accepted an offer and signed a contract that starts next month (from August). However, now, I have a new job offer that I prefer. I would like to accept it and sign a contract for this new ...
Alejandro's user avatar
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1 answer
139 views

Where to find all laws/codes/statutes/etc. for every legal system / country online?

I found this constituteproject.org, which seems to have the constitutions for every country in a nice and easy to parse format online. I see the US Code here, and the statutes at large for the US. ...
Lance's user avatar
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0 votes
3 answers
320 views

Can the term "code" be used as an all-encompassing legal term for law, statutes, bills, acts, constitutions, and other "legislation"?

I am trying to figure out what law, codes, statutes, bills, acts, constitutions, opinions, decisions, and legislation have in common, what the overarching entity is that these objects all are. I am ...
Lance's user avatar
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1 vote
2 answers
106 views

Total cost of theft (or other property crime)?

Suppose Bob earns his living by stealing from a specific supermarket store. Now one day, he is caught and the police can prove he stole stuff for a total value of CHF 10000. Now several things will ...
PMF's user avatar
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13 votes
2 answers
3k views

Correlation between wealth and win rate

I’m trying to find out if there’s a correlation between win rates in civil cases and the wealth of the parties involved. I’ve searched google scholar but the only thing I can find is a paper regarding ...
Beacon of Wierd's user avatar
-3 votes
2 answers
108 views

Large customer (Distributor) changes a single letter in the Supplier's name and trademarks it. Is this legal? [closed]

That’s what happened to our jewelry-maker cooperative!
Maria Alaniz's user avatar
-1 votes
1 answer
77 views

Can two legal complaints be combined in one lawsuit? How does that work? [closed]

Our craftswomens cooperative would sue under Chapter 2741 of the Ohio Revised Code (ORC) prohibiting use of an individual's "persona" for "commercial purposes" without written ...
Maria Alaniz's user avatar
-4 votes
2 answers
127 views

Dealing with expert opinions

Every Economist who is consistent with their discipline subscribes to the subjective theory of value; how does a Judge who wants to be consistent with Economics and coincidentally also is a B.A in ...
George Ntoulos's user avatar
-3 votes
1 answer
176 views

If a business is sold, does that mean the owner(s) get off scot-free? [closed]

Definition of scot-free : completely free from obligation, harm, or penalty. When we informed our customer that we were selling below cost, the reply we received was a suspension of communications. ...
Maria Alaniz's user avatar
15 votes
4 answers
3k views

Can possession of an asset be assumed in US civil court?

I'm wondering about what facts can be assumed in a civil court, or in different terms, is civil court more concerned about the exact argument between parties, rather than actual facts? In Bitcoin news,...
user avatar
2 votes
1 answer
189 views

What does court of domicile mean?

I have found the phrase "court of domicile" in various contexts, and now I'm wondering if I'm right to assume that this means 'home' court for someone. For instance, in the following example,...
Helen's user avatar
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0 votes
1 answer
295 views

What rights does one have to license their autobiography?

If any such right is based on a copy right theory, obviously, that would require first the writing of an autobiography. Is there a right that you may reserve relating to your story?
HJay's user avatar
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-1 votes
0 answers
132 views

What are the laws for trespass in Austria? [duplicate]

Bobbi, a national or equivalent of Austria, after admitted to enter, refuses to leave from public (government) premises of Austria at the close of business hours despite having been given due notice. ...
kisspuska's user avatar
  • 3,924
2 votes
3 answers
2k views

What are the laws for trespassing in Germany?

Bobbi, national or equivalent of Germany, after admitted to enter, refuses to leave from public (government) premises at the close of business hours despite being given due notice. What laws and ...
kisspuska's user avatar
  • 3,924
1 vote
1 answer
85 views

Could Hungary be ousted from the EU by member states leaving by Article 50?

Could the rest of the EU simply create a new entity and leave to resolve the autocratic problem Hungary creates and letting it be the “EU” with Poland? Could they pre-sign agreements so they come into ...
kisspuska's user avatar
  • 3,924
5 votes
2 answers
150 views

Can a citizen of the European Union receive legal aid or legal representation in a 3rd country from the EU?

The UK, for one, has a program which is probably a sort of remnant of its past EU membership where the government provides legal aid in European countries, (incl. EU, EEA and other countries) ...
kisspuska's user avatar
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1 vote
2 answers
399 views

Does any other country, besides the US, employ something substantially different from the ‘loser pays’ system?

Although many of the jurisdictions that do employ the ‘loser pays’ system only do so up to certain limits, usually of modest amounts, nonetheless all the places I am familiar with have the expectation ...
M. Y. Zuo's user avatar
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0 votes
1 answer
95 views

Action to take against UPS [closed]

I paid for UPS to deliver three parcels but they double charged me for that delivery. UPS charged me twice for that shipment, and refused to respond to my emails and calls asking them to refund the ...
myname's user avatar
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0 votes
1 answer
135 views

Civil Case- Tricky Eviction

Let’s say, for instance, that a person is renting a home from someone who has died. However, the alleged landlord is the son of the deceased owner of the home. Only problem is that this son has never ...
James Locklear's user avatar
-4 votes
2 answers
125 views

Is it possible for lawyers defend you in a Civil-legal-system?

I have seen solicitors and in turn barristers defend people in Common Law jurisdictions, but from my understanding this should be much harder to do in a Civil-legal-system because it is so rigid. I ...
user5623335's user avatar
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-1 votes
4 answers
120 views

Do proponents of jury trials see it as a means to an end, or an end in itself? [closed]

Let me explain the question. In the U.S., it is common place to hear people express enthusiasm for the fact that many cases are determined by juries. Such enthusiasm may be motivated by the efficiency/...
J Li's user avatar
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7 votes
4 answers
560 views

What is Jurisprudence?

I am a Law Student in Greece trying to understand what Law is a what Jurisprudence is and what the jurisprudential method of thinking is. What is Jurisprudence; what is its object of study, what are ...
George Ntoulos's user avatar
2 votes
1 answer
92 views

How large is the difference in the amount of reading needed to become familiar with the law in common vs civil law countries? [closed]

Common law relies more on previous rulings while civil law relies more on written code. Therefore, one would expect it takes more work to become familiar with the law in the former case. Please ...
J Li's user avatar
  • 587
1 vote
2 answers
172 views

How can we reconcile the fact that common law, relative to civil law, give judges more power in interpreting law but less power in guiding trials? [closed]

In common law, judge-made precedents are more important than in civil law where judges are supposed to stick more closely to the written code. Thus, one may say that judges are given more power in ...
J Li's user avatar
  • 587
1 vote
0 answers
51 views

How distinct (un-continental) are the UK tax and accounting law and court decisions in tax and accounting cases?

UK has common law system which is based on the case law. But meanwhile there is ongoing efforts to codify some laws - e.g. there is https://www.legislation.gov.uk/ukpga/1994/23/contents Value Added ...
TomR's user avatar
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8 votes
5 answers
2k views

Is there any (which?) English speaking jurisdiction that uses a civil (continental) law system?

I am trying to develop an artificial legal reasoning system. I am using the English language for it, but I want/need to develop it (firsthand) for the civil/continental law system, not for the common ...
TomR's user avatar
  • 373
0 votes
1 answer
633 views

Can I get sued for putting bleach in someone's drink?

I had a slushie order, and we were out of water. There was a bottle of clear liquid, which I mistook as water. I put in around 3 ounces. Later, My boss informed me that the clear liquid under the ...
chickencentral's user avatar
1 vote
2 answers
190 views

Must I honour a (non auction) sale on ebay

A buyer bought an item (buy it now) but were so rude to me I cancelled the sale. The buyer is threatening to sue for damages. Is this even possible? I should add there were a number of other factors ...
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