The Main Law Systems

Author:Doranda Maracineanu
Position:Galati Court
Pages:161-164
SUMMARY

The internal law of a State is the expression of the sovereign will of that Sate; however, there are some features common to all law systems. The evolution of the society as a whole gave rise to international bodies (such as the European Union), through which the signatory countries have assimilated certain unitary regulations in the internal law system. The origin of this law system is the law... (see full summary)

 
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The Main Law Systems
Doranda Maracineanu
Galati Court, dorandasiiulianmaracineanu@yahoo.com
Abstract: The internal law of a State is the expression of the sovereign will of that Sate; however, there
are some features common to all law systems. The evolution of the society as a whole gave rise to
international bodies (such as the European Union), through which the signatory countries have
assimilated certain unitary regulations in the i nternal law system. The origin of this la w system is the
law book of Justinian, during whose time the Roman law was codified. Thus, in the year 528 a. d.
Justinian arranged the legal rules of those times in a unitary whole, adapted to the realities of those days.
In our country, as per the fundamental law - the Constitution, the treaties and conventions ratified by
Romania pr evail in case of a conflict between them and t he internal legislation regarding the human
rights.
Keywords: law system, comparative law, normative act, legal remedy, legislative power
A law system is the law of a certain country, respectively the body of all the laws passed or recognised
by that country for governing the social relationships whose observance is ensured, should it be the
case, by the State’s coercive measures. The law system is expressed through laws, legal custom and
leading case.
After World War I (1914-1918), the initiator of the comparative school – t he English professor
Gutteridge and subsequently his students, David Rene and Hamson, showed a particular interest in the
structure of the main law systems. In a first stage, the legal world of those days thought that there were
only two main law systems, the Roman-German and the Anglo-Saxon ones, but as time passed, the
representatives of the same comparative school, led by David Rene, claimed that there were five main
law systems, namely: the law system of the Western world, the Chinese law system, t he Hindu law
system, the Soviet and the Islamic ones.
Along the years, the issue of law systems has been the matter of study of several important figures of
the legal world, receiving countless classifications and interpretations. The contemporary classification
however recognises the Roman-German, the Anglo-Saxon, the religious and the communist law
system.
The internal law of a State is the expression of the sovereign will of that Sate; however, there are some
features common to all law systems.
The evolution of the society as a whole gave rise to international bodies (such as the European Union),
through which the signatory countries have assimilated certain unitary regulations in the internal law
system.
Nevertheless there still are different law groups, with distinct traditions, divided in the above-
mentioned four main law groups, respectively the Roman-German, the Anglo-Saxon, the r eligious and
the communist one.
The Roman-German law system, also known as the continental system, is characteristic to continental
Europe, but is to be found as well i n some countries from Latin America, Near East or even North
Africa.
The Romanian law system falls within this group.
The origin of this law system is the law book of Justinian, during whose time the Roman law was
codified. Thus, in the year 528 a. d. Justinian arranged the legal rules of those times in a unitary whole,
adapted to the realities of those days. The minister Trebonian elaborated the Justinian compilation,
made up of four works - Digest, Elements, Novels and the Code.
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