Abstract
Most of legal scholars assume that there are two main “families” of legal systems in the world, being Common Law and Civil Law. In a short resume, the Common Law is applied in all countries that speak the English language and has its origination from the “habits of society”. On the other hand, the Civil Law is applied just about everyplace else, with a few exceptions, as tribal law areas, Islamic law, Chinese law and other minors legal systems. The Brazilian New Code of Civil Procedure, which was promulgated in 2015 and brought innovations to Brazilian law. Elements of Common Law were incorporated to Brazilian law system, using precedents. The application of Common Law elements in the Brazilian law are being studied by various legal specialists. This present study wants to show and explain how the Common Law could be applied in a Code of Civil Procedure (influenced by civil law, as every Latin country), as is happening in Brazil.
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