Introduction to the Civil Law Legal System

By Ramel C. Muria, LL.M

There are two major legal systems in the world. First, we have the Civil Law
Legal System (CVL) which is a code-based legal system. It is primarily based on Civil
Code that emphasized the form, structure, and the enumeration of both abstract and
concrete principles of law within a unified whole. And second, we have the Common
Law Legal System (CML) which emphasizes the primary importance of judicial
precedents in the development of law. The CML system originated with the French
Kings who, from time to time, order a group of men to declare what belongs to the king
and what rights he ought to have there—this is the origin of the modern jury system.

There are basic differences between the CVL system and the CML system.
Under the CVL system, the reasoning process of most judges is deductive—that is,
proceeding from general principles to a specific solution. Meanwhile, judges under the
CML system employ inductive reasoning in the legal analysis-that is deriving general
principles from a series of specific decisions and extracting the applicable rule which
would then be applied to a particular case. In general, the maxim “non exemplis sed
legibus judicandum est” (decisions should be rendered in accordance with, not with
examples, but with the law) characterized the approach to deciding cases by civil law
judges. (Apple & Dyling, 1995)

Under the CVL system, the trial of cases usually involved an extended process
with a serious of successive hearings, and consultations for the presentation and
consideration of the evidence. On the other hand, trial of cases under the CML system
usually involved the use of a jury which hears the testimonies of the witness and resolve
questions of facts in a case and thus, hearings are continuously done until a decision is
laid down in the soonest time possible.

The CVL system originated from Rome. Its development could be credited to
jurists, who were members of the upper class of the Roman society and acted as
advisers to judges (praetors and judex) on how to decide questions of law. There were
the first pro-bono lawyers in history who provided free of charge services to judges and
the members of the public (id.).

Two functions of jurists as legal advisers: They provided written technical advice
to judges and others about the state of the law and interpretation of textual material,
such as from the Twelve Tables (an early statement of existing law, circa 450 B.C.) or
the Edict; and They were almost solely responsible, through their responsa, for the
development of a comprehensive jurisprudence, independent of judicial decisions, to
meet the continuing and changing demands of an increasingly pluralistic society.
Emperor Justinian codified most of the teachings of jurists during the early Roman
period in a compilation called “Corpus Juris Civilis.” This compilation served as the
primary source of the Roman Law and the precursor of the modern Civil Codes (id).

The CVL system was propagated by legal luminaries across the world and
served as binding legal force that kept societies intact. The Italian glossators helped
very much in the growth of the system in many countries, thanks to the students from
these countries who studied in the University of Bolognia and learned from the great
Italian glossator, Accursius. He was the leading glossator in the university who wrote
medieval legal literature to provide legal scholars comprehensive statement of the law.
(Robinns Collection, 2018)

Napoleon Bonaparte also played a key role in bringing the CVL system in the
lands that he conquered. In his old age, he attributed to the French Code Civil as his
true legacy: “My true glory is not that I have won forty battles. Waterloo will blow away
the memory of these victories. What nothing can blow away and will live eternally is my
Civil Code.” (Apple & Dyling, 1995)

References:

1
Apple, J. & Dyling, R. (1995). A primer on the Civil Law System. Available at
https://www.fjc.gov/content/primer-civil-law-system-0.
Robinns Collection (2018). The Robbins Collection on the Religious and Civil Law.
Available at www.law.berkeley.edu › wp-content › uploads › 2018/05.