Civil law system influenced by the Spanish and French civil codes Common law systems offer 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. Countries that follow a civil justice system are usually those that were former French, Dutch, German, Spanish or Portuguese colonies or protectorates, including much of Central and South America. Most countries in Central and Eastern Europe and East Asia also follow a civil law structure. Religious legal systems derive from the sacred texts of religious traditions and generally apply to all aspects of life, including social and commercial relations. In religious legal systems, a religious document is used as the main source of law. All the world`s major religions – Judaism, Christianity, Islam, Buddhism and Hinduism – have a religious legal system. The Islamic legal system (Sharia) with Islamic jurisdiction (fiqh) is the most widespread religious legal system in the world. Most nations that have religious legal systems use them to supplement their secular national system. Only Saudi Arabia (Islamic) and the Vatican (Christian) are pure theocracies that have only one religious legal system in their countries.
The legal systems of almost all countries are generally based on elements of five main types: civil law (including French law, the Napoleonic Code, Roman law, Roman-Dutch law and Spanish law); common law (including English and American law); Common law; mixed or pluralistic law; and religious law (including Islamic Shariah); Another type of legal system — international law — governs the conduct of independent nations in their relations with each other. Despite the usefulness of the different classifications, each legal system has its own identity. Below are groups of jurisdictions categorized by geographic location. Legal comparators and economists who defend the theory of legal origins generally divide civil law into four distinct groups: A number of other countries have a dual system. In such a system, religious rules govern and religious courts rule on matters such as marriage, divorce and family relations. However, a secular system with state courts covers the broader areas of public and commercial law. This was the situation in England until the 1850s and it is now the case in Israel, India and Pakistan. In these dual jurisdictions, the proportion of human activity regulated by either system may depend on the level of economic and political development of the country concerned. Israel also uses certain religious laws and courts to decide cases.51 For example, religious courts in Israel include Jewish rabbinical courts, Sharia Islamic courts, Druze religious courts, and ecclesiastical courts of the 10 recognized Christian communities. In Israel, these courts are limited to a few specific family law issues. The secular judicial system decides all other matters. The federal courts and 49 states use the English common law legal system (see below), which has diverged somewhat since the mid-nineteenth century, as they orient each other on issues of first impression and rarely consider contemporary cases on the same subject in the United Kingdom or the Commonwealth.
In the modern world, there are four main legal systems: A treaty that takes up a fundamental principle of administrative law and specifies exactly how it is to be applied will generally be effective. But the modification or deletion of an administrative principle may or may not be legally possible – this should be checked. For example, it may not be possible to completely eliminate the ability of a contracting authority to unilaterally change service standards. In France, the law prohibits any attempt to suspend the contracting authority`s ability to unilaterally terminate a contract. Some civil codes also provide for mandatory notice periods in the event of breach of contract, which cannot be avoided or cancelled. 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. civil law system; The Supreme Court may review administrative acts For a partial list of common law and civil law countries, see Legal systems of the world on Wikipedia Here is a complete list of countries that base their legal systems on codified civil law: Religious law refers to the notion of a religious system or document used as a source of law.
However, the methodology used varies. Another parliamentary alternative is to ask for a second vote (Italy, Denmark, Finland). Finally, some systems divide the power of amendment between legislators and citizens by requiring a referendum either for certain types or methods of change (Denmark, France, Ireland) or for each (Japan).