Codified civil legal system

Codified legal system

laws written down in codes

• Code

  • all the law in an area

• Purpose

  • avoid inconsistency

• Source

  • only legislative enactments

• Judge decision

  • strictly apply codes to cases

  • no discretion in making decision

• Comparison

  • no precedent in the law

  • predictable before final decision

Change the law

• Difficult to change

  • require majority agreement

• Prescription

  • more prescriptive than common law system

  • common law: more open to interpretation & explanation

Constitution

written constitution

• Highest court

  • constitution court

  • interpret constitution & code

  • don't make new law

Contract law

imply various terms into contract

• less need to set out all terms

• any unambiguities will be settled by law operation

成文法

用條文寫法律