common law vs civil law - XoilacTV

The basic distinction between the two systems is that in common law countries, case law in the form of published court opinions is of primary significance. Whereas, in civil law countries, codified legislation prevails but these distinctions are not as obvious as they appear.

Whereas the civil law takes the form of legal codes such as the Napoleonic code, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent.

The following article gives a brief comparison of Civil Law—also known as Continental Law or Napoleonic Code Law—and Common Law—also known as British Law.

In this sense common law stands in contrast to the legal system derived from civil law, now widespread in continental Europe and elsewhere. In another, narrower, sense, common law is contrasted to the rules applied in English and American courts of equity and also to statute law.