LAND/CONTINENTAL EUROPEAN LEGAL SYSTEM
By this name, Europe is understood, with the exception of England. It is the system of countries that is largely rooted in Roman law.
Properties:
1- Composed: The Continental European Legal System is a codified legal system. It is formed by collecting the unwritten rules and collecting them in written form. Roman Law The corpus of law called Corpus Juris Civilis was compiled by Justinian I.
The exception to this is that administrative law has not been codified in France and Turkey. The rules are messy.
2- Written: The Continental European Legal System is mostly a written legal system. (The Customary Law, on the other hand, is only a supplementary source, it is not written.)
3- Jurisprudence is not the main source: In this system, jurisprudence is only seen as an auxiliary source of law. The decision of a higher court does not bind the lower court or other courts, there are exceptions. Administrative law in Turkey and France is largely a branch of jurisprudence. The Supreme Courts’ Unification Decisions are also binding on lower courts.
4- Separation of Private and Public Law: There is a distinction between private and public law left over from Roman Law.
5- Jurisdiction Separation: There are at least two separate judicial systems in the Continental European System. These are the judicial and administrative jurisdiction. Both groups have their own supreme courts.
COMMON LAW SYSTEM
Born in England, the common law or Anglo-Saxon Legal System operates in countries such as the USA, Canada, Australia, India. It is a legal system based on the old customs and traditions of England.
Properties:
1- Unconsolidated: It is an unconsolidated legal system. Legal rules include customary rules and often court case law.
2- Customs and Customs are from the Primary Source of Law
3- It is jurisprudential: It is essentially a jurisprudence system. Others have to comply with the decisions made by the courts.
4- There is No Distinction between Public and Private Law: Law is the same in all its branches. This means that the disputes between the state and private persons are resolved according to the same law.
5- There is a Union of Judiciary: Courts are not separated judicially and administratively. Even if the names of the courts are different, they belong to the same higher courts. The same courts hear all private and state cases.
