Abstract
Comparing the legal systems is a specific method in which due to its important function is considered as a separate branch in law. None of the branches in law can place its knowledge merely on ideas and findings within the national borders. Several basic objections have been given regarding the definition and purpose of comparative study in civil procedure. In addition there are specific problems regarding studying practically the similar systems in a legal system like differences in purpose, definition and concept. In different legal systems like civil law and common law systems in which there is a divergence, even the judicial system`s organs and judges` appointment and judicial formalism are different, which add to the problems of the comparative study. Reviewing these differences could lead to a better understanding of these legal systems and recognizing the common principles in making use of each other`s findings considering these differences and indicate the obstacles of comparative study in this regard.
Highlights
Comparative law leads to a better recognition of the foreign laws, and it is consistent with commerce universalization and law unification
In different legal systems like civil law and common law systems in which there is a divergence, even the judicial systems organs and judgesappointment and judicial formalism are different, which add to the problems of the comparative study
Some researchers claim that procedural law is not based upon the comparative studies but there is no difference between civil procedure and other branches of law
Summary
Comparative law leads to a better recognition of the foreign laws, and it is consistent with commerce universalization and law unification. There are several reasons like American exceptionalism It refers to this fact that there are wide differences between common law and civil law systems on civil procedure, this branch in the united states is even far more different from its counterparts in common law systems. This American exceptionalism is a major obstacle towards the benefits of comparative study and reforms in civil procedure. Vol 9, No 5; 2016 codes, procedures and other rules and a wide range of economic outcomes follows.[3] According to this theory, using the civil procedural law models is a misuse of comparative law and has to end in disappointment. As 12 universal procedure congresses has been held since 1950 which covers almost all essential issues and difficulties in procedure, so we could claim that the opposite viewpoint is correct
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