The Main Law Systems

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

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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