Lesson 2

ISSUES RELATING TO
STUDY FOREIGN LAW
Sources of information

Primary source of information

Secondary source of information
Sources of information
Primary source of information
- Concept: national sources of law
- Advantages
- Disadvantages
Sources of information
Secondary source of information
- Concept: various sources
- Advantages
- Disadvantages
Some important rules of studying foreign
law
1.Rule of following the hierarchy of sources of law
2.Rule of overall studying
3.Rule of studying the law in context
4.Rule of interpreting the law
5.Rule of translation
Some important rules of studying foreign
law

Rule of following the hierarchy of sources of law

Some important rules of studying foreign
law

Rule of overall studying

Some important rules of studying foreign
law

Rule of studying the law in context

Some important rules of studying foreign
law

Rule of interpreting the law

Some important rules of studying foreign
law

Rule of translation
Steps of a comparative research
1. Define topic (research object)
2. Define scope of referential legal systems
3. Collect materials
4. Study the materials
5. Study and compare the legal systems to find out the
similarities/differences
6. Explain the reasons of similarities/differences
7. Conclusion
The map of legal system in the world is
identified basing on fixed criteria
• - False
• + “fixed criteria”: the way we choose criteria depends the will and the
capacity of the researcher
The quality of codification of Vietnam is better than that of The
US because statute law is the main source of law in Vietnam

• - False
The scope of codification of civil law is wider
than the scope of codification of common law
• - False
• + Statutory law is the main source of law of civil law tradition