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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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. ...
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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?
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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) ...
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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 ...
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62 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 ...
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Can contracts include irrevocable terms of imprisonment for breach?

As noted here: At least in Israel, by agreeing to marry under religious law a person is irrevocably subject to that law's rulings, to the extent that a religious court can sentence one to a term in ...
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83 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 ...
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68 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 ...
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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 ...
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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 ...
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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/...
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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 ...
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What is Jurisprunce?

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 Jurisprunce; what is its object of study, what are we ...
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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 ...
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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 ...
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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 ...
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Liability and Responsibility what is the importance of the distinction in common Law

In Civil Law( legal system) there is no distinction between Liability and Responsibility. One can only seek(judicially) the cessation of an illegal act if they have suffered damages. One can only ...
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196 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 ...
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Any solid research on error rate of criminal conviction system: jury vs judges?

To my knowledge most countries use one of two systems for determining the guilt of the accused in criminal cases: “jury of your peers” (who don’t have to justify their decision) vs “judg(es), possibly ...
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How is an American citizen expected to know how to live lawfully? [duplicate]

I am looking for a resource(s) to learn "The laws of daily living", and trying to understand what the U.S government had in mind for the layperson who may not be able to read the law codes ...
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157 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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Strict liabilty

In Civil Law legal system there is a distinction made. Proper Strict Liability which is plainly Strict Liability like used in the English Language( guiltless liability/ liability regardless of guilt ...
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Legal obligation to be represented by a lawyer registered in the local bar. human value and personal freedom

In Greece people are usually required by law to be represented by a lawyer in courts. In Private Law the sanction is fictitious default( the litigant may be there but the judge is supposed to ...
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Bank manager withdrew funds from my account without my authority can I sue her and the bank

I deposited a large cashiers check payable to myself into my account this morning. I tried to buy eyeglasses but I only had $100.00 available in my account. I called the bank and the Mgr clms there’s ...
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136 views

Hotel charged me for damages, claimed I smoked in the room UK

I was going over my expenses and found a £200 charge from a hotel I stayed at over a month ago. I called to ask why, and they said that there was a "smell of smoke" and they "found something in the ...
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What is Legal Theory? I am asking for its concept, its definition by some Oxbridge or Ivy League Legal Dictionary

People talk about Legal Theory and I do not understand what it is. The Theory Part. In Physics, Chemisty, Geology, Economy, Sociology... Theory is an explanation of a phenomenon( why it occurs and ...
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What's the difference between inquisitorial and adversarial systems?

This question was inspired by this answer while trying to learn the difference between common and civil law. Two questions: What's the difference between an inquisitorial system and an adversarial ...
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131 views

Apostille document for from non-apostille countries

I am an indonesian marrying a Mauritian. The marriage will take place in Mauritius. To obtain my residence permit, they are asking for: Full Birth Certificate of applicant duly legalized/...
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Discovery questionaire in Fed Civ case

When both parties in a Federal Civil matter state they do not want a Magistrate Judge deciding the case, is that Magistrate still allowed to render an opinion? Additionally, is the Asst. U.S. Attorney ...
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Cutting grass of vacant house next to me

Am I able to send the city a bill for cutting the grass of the vacant house next to me? It's been condemned and was supposed to be torn down last June. I can't let the grass get too high because it ...
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Suing a Cellular Company that Charged Me for Years Without My Knowledge

I am planning to sue a cellular company for charging me (for two phone numbers) for 10 years after a cutoff request. I contacted the company, and they admitted to wrongly charging me but only for one ...
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What are the main differences between Napoleonic law and Germanic law?

I only recently started appreciating the differences between Civil Law and Common Law. The following map on wikipedia shows the distribution of different legal systems around the world, which ...
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630 views

Is everything legal for me due to psychiatric reasons? [closed]

I witness that I did some things which are considered a rave by most people (and most psychiatrists): fought with aliens, was transformed for a period of time into a superman able to tear steel and ...
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108 views

it's not against the constitution to arrest a pregnant woman in Bolivia

In Bolivia my liberal party is about to make it illegal to arrest an pregnant woman and I am wondering if this goes against the portion of our Constitution that talks about equity before the law. Can ...
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1answer
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Parking rules in associations

I live in a condo association, i have 2 parking spaces that came assigned with the property, im an owner. if I want a friend, neighbor, anyone to park in any of my parking spaces, lets say because im ...
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Does the law provide for any defense or help for defense in civil family cases?

A man and woman who are not married have a baby. During the pregnancy the two split up. The woman sues the man for shared custody of the child and he is ordered to pay child support. He regularly ...
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Can a person be compelled to testify against themself in a civil trial?

I read that a key piece of evidence against Bill Cosby in his recent criminal trial was testimony he gave in a deposition in response to a civil suit filed against him by one of his accusers. In the ...
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165 views

What does it mean that Scotland is a civil law jurisdiction?

I have learnt recently that Scotland is a civil law jurisdiction (when it comes to private law at least), but one that doesn't have a civil code. I have also been taught that the main difference ...
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101 views

Why do legal scholars influence civil codes' interpretation, more than judges?

Source: A Brief Introduction to Law in Canada (2017). p. 39 Top. Publisher uploaded chapters 1-3.   As the foregoing account makes clear, the civil law system has a long and historical evo-lution ...
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Are Harvard-style open access policies lawful under civil law?

The open access movement tries to make scholarly articles freely available online, to move away from the traditional model where publishers charge access to the articles. To support this movement, ...
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Is there legal recourse against revenge defecation?

TL;DR If someone were to maliciously defecate in their roommate's room, perhaps hiding it under their bed or in a drawer, what kind of legal action could their roommate take against them. Background ...
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Exclusive sport fishing easement/profit with no dominant land: nature, alienation, apportionement, term and jurisdiction specifics?

This question is about easements, profits-à-prendre and fundamentals of Property Law.1 I. Suppose you have a riparian land owner (A). By a deed of exchange, they trade to someone (B) an exclusive ...
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321 views

Why don't Nordic countries have codes of private law?

I'm aware that there are some major differences between Scandinavian law systems and other European systems, e.g., the fact that Roman Law had very little influence in Scandinavian countries. But why ...
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Have there ever been any thought crimes?

Has there ever been anywhere a law criminalizing certain thoughts? The closest I can find is The Treason Act 1351, which is still in force in Britain today. This criminalizes compassing or imagining ...
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Why is a case often decided by more than one instance?

Often times a case is decided by more than one instance. For example, a defendant may lodge an appeal against the judgment given by a trial judge. Where the court of appeal found in favour of the ...
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70 views

Is there a minimum thresh hold for severity that must be met to take someone to court?

Is there a minimum threshold that must be met in terms of intensity for someone to charge another person with breaking the law? For example, if someone (purposefully) shoved someone as a form of ...
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151 views

Clause forbidding class action enforcibility

I was reading a contract from a particular large merchant service provider, and found an interesting clause in their developer portal terms & conditions which reads as follows : You agree that ...
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Which standards prevent laws from naming specific targets?

It seems normative that a law cannot enumerate any specific persons or companies to be included or excluded from its provisions. Imagine: "Violation of this section is punishable by a $100 fine; Joel ...
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Is it illegal for a family member to withhold/hide the passport of a legal adult, from the rightful owner - in the UK?

If yes, what action should be taken and on what grounds is it classed as illegal? Considering that both individuals are UK citizens, with a passport registered respectively, does it go against the ...
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Are Asimov's Three Laws of Robotics enshrined in the law of any (inter)national jurisdiction?

The Three Laws are: A robot may not injure a human being or, through inaction, allow a human being to come to harm. A robot must obey the orders given it by human beings except where such ...