A COMPARISON OF THE COMMON LAW BASED DUTY WITH ITS CIVIL LAW EQUIVALENT

Azamat Omarov,Asylbek Kultasov,Kanat Abdilov

doi:10.47649/vau.2020.v59.i4.16

Abstract

The article discusses the features of civil law in different countries. The authors studied the origins of the modern tradition of civil law, comparing the legal systems of two European countries. One of the traditional classifications of duties in civil law is analyzed, the conclusion is made about the inappropriateness of the allocation of personal and universal duties. In comparative law, there are many situations where the same legal term has different meanings, or where different legal terms have same legal effect. This confusion most often occurs when civil lawyers have to deal with common law, or vice versa, when common law lawyers deal with civil law issues. While there are many issues which are dealt with in the same way by the civil law and common law systems, there remain also significant differences between these two legal systems related to legal structure, classification, fundamental concepts, terminology, etc. As lawyers know, legal systems in countries around the world generally fall into one of two main categories: common law systems and civil law systems. There are roughly 150 countries that have what can be described as primarily civil law systems, whereas there are about 80 common law countries. The main difference between the two systems is that in common law countries, case law – in the form of published judicial opinions – is of primary importance, whereas in civil law systems, codified statutes predominate.

Highlights

The article discusses the features of civil law in different countries
A comparison of the duty between two legal systems may seem a hard task by reason of that there is no single civil law, which can fall under comparison, because of there is a variety of civil law models in different countries
As Vischer noted in his article that the notion of having a single civil law, respectively continental European law, may be compared to “grouping sea otters and ostriches merely because at some stage they both evolved from some primitive vertebrae”.[1, 13, 14]

Summary

Introduction

The article discusses the features of civil law in different countries. The authors studied the origins of the modern tradition of civil law, comparing the legal systems of two European countries. A comparison of the duty between two legal systems may seem a hard task by reason of that there is no single civil law, which can fall under comparison, because of there is a variety of civil law models in different countries.

Results

Conclusion