Item request has been placed! ×
Item request cannot be made. ×
loading  Processing Request

GENERAL APPROACH TO THE JUDICIAL SYSTEM IN CONTINENTAL EUROPE. (English)

Item request has been placed! ×
Item request cannot be made. ×
loading   Processing Request
  • Additional Information
    • Subject Terms:
    • Subject Terms:
    • Abstract:
      The law in Continental Europe dates back to the time of Roman law and the Corpus Juris Civilis complexes, which was founded in the 5th century by the King of East Rome, Justinian I. The law in Continental Europe has developed and has taken root in the countries of Continental Europe and in many other countries of the world. The assessment and use of the legal texts of Roman law was the reason for the creation of a common legal basis on which legal science in Europe is based. Legal science in Europe has influenced the implementation of the law and this implementation has found a place in many European Countries. Particularly the Corpus Juris Civilis's Kazuistic texts have had great impact, which texts bring solutions to eventualities. The law in Continental Europe has achieved its development until the adoption of abstraction and general rules through the interpretation of the Corpus Juris Civilis codification, with the adaptation of Roman law as well as theoretically with the national codification which is based on Roman law. The law in Continental Europe, although it represents the first beginnings of the legal life of the European people, is always defined as a right which has kept alive the reform spirit, has been systematized in a wider range, and has always been adhering to general principles. Most of the laws from Continental Europe have been codified in the 19th and 20th century. As an example we can mention the Austrian Civil Code which entered into force in 1811, the German Civil Code which came into force in 1896, the Civil Code of Switzerland, which entered into force in 1907 and the Italian Civil Code which came into force on the year 1942. There are substantial and important differences between these civil codes. It is commonly seen that even in the Legal System of Continental Europe there is a cross classification of Roman justice and German law. The law in continental Europe is largely classified and structured and contains many general principles and rules; is also based on abstraction rules, all jurisdictions are systematized and it is a valid juridical method of judgment. One of its core qualities is that the courts respect law and judge by law, interpret them and apply them in cases where there are disputes and gaps within the law. It is generally assumed that law can be applied anywhere. Where the law can not be applied, in order to fill legal gaps the judges refer to the general rules and principles. Therefore, through this paper we will highlight the fundamental characteristics and the general approach to the judicial system in Continental Europe. [ABSTRACT FROM AUTHOR]
    • Abstract:
      Copyright of Vizione is the property of Intellectual Association Democratic Club and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)