Arundhati Sharma, Ajeenkya DY Patil University Pune
ABSTRACT
The legal system mainly falls under two ambits or we can say under two broad categories: Common Law System & Civil Law System. Approx 150 countries in the world follow civil law system and 80 countries follow the common law system. While there are some countries that partly follows both the systems of law for better functioning and maintaining proper law and order in their country i.e., they use mix features of both the systems.
The simple and basic distinction between these two system is that; in common law – any case law that is published as judicial judgement or opinion given previously by supreme court or high court is only given importance and are used as precedents. Whereas in civil law- the codified statues published are only given importance. The common law system emerged in England during Middle Ages and was applied within British colonies. The civil law emerged in Europe continent and later practised in Spain and Portugal.
Before understanding more about these systems in detail and about their history as to how they developed, we have to first see what this actually means; so, one must understand its literal meaning to gain a stronger grip over the topic.
