Is your jurisdiction a common law or civil law jurisdiction?


Belgium Small Flag Belgium

Belgium has a civil law tradition.

NB: Belgium is a federal state, consisting i.a. of three regions: the Flemish, Walloon and Brussels Metropolitan Region.

There is an historic evolution to entrust the Regions with authority in ever increasing matters. Environmental protection, including planning law, is almost entirely left to the Regions. Contract law (including insurance and securities), public procurement, product regulations and (occupational) health and safety remain within the scope of the federal authority. On the other hand, much of the matters have been pre-empted by EU law.

Oman Small Flag Oman

Oman has a civil law jurisdiction.

Denmark Small Flag Denmark

Denmark is a civil law jurisdiction. The primary source of Danish law is statutory law and government orders authorized by law, supplemented by customary law and case law.

Spain Small Flag Spain

It is a civil law jurisdiction.

Indonesia Small Flag Indonesia

Indonesia is a civil law jurisdiction.

Mexico Small Flag Mexico

Mexico is a civil law jurisdiction based in the Spanish and French law traditions.

Colombia Small Flag Colombia

Colombia has a code based legal system organized as a typical civil law jurisdiction. Since it is a legal system with a legislative origin, it is founded on the "written law" as opposed to the common or judicial law. And therefore, our legal system has its roots in Roman Law and is heavily influenced by the French system as well as the Spanish legal traditions, which establishes written codification of its laws. However, the role of case law, thus minimized by the tradition of codification, it has begun to gain more importance along the years.

Switzerland Small Flag Switzerland

Switzerland is a civil law jurisdiction.

Australia Small Flag Australia

Australia is a common law jurisdiction. It is also a federal system with federal and state/ territory laws based on the constitutional allocation of jurisdiction in relation to specific powers. Consequently, both federal and state/territory legislation may apply to a specific legal issue. This may result in different legal approaches between jurisdictions (e.g. in relation to security of payment and proportionate liability legislation).

Norway Small Flag Norway

The jurisdiction in Norway is based on a civil law system. The collection 'Laws of Norway' (Norwegian: "Norges Lover") consists of all Norwegian written laws.

The Norwegian law legal system relies also quite heavily on legal precedents arising from judgments of the courts of law, in particular the Norwegian Supreme Court. Although not of binding force, Norwegian Supreme Court judgments are used as guidance in order to correctly interpret of the laws.

Sweden Small Flag Sweden

Sweden is a civil law jurisdiction. The laws of Sweden have historically been influenced by other civil law jurisdictions such as Germany, as well as by the other Nordic countries.

Hong Kong Small Flag Hong Kong

Hong Kong is a common law jurisdiction.
Under the Basic Law, Hong Kong’s mini-constitution, all the pre-1997 laws previously in force in Hong Kong, including the common law and rules of equity were retained and maintained, except for any that contravene the Basic Law and subject to any amendment by the Hong Kong legislature.
The Basic Law further provides that the courts of Hong Kong may refer to the precedents of other common law jurisdictions.

United Kingdom Small Flag United Kingdom

England and Wales is a common law jurisdiction in which statutes are enacted by Parliament and then clarified by judgments of the higher courts, which are followed by the lower courts using the system of precedent. The law of England and Wales is often referred to as English law. (Scotland and Northern Ireland have their own court systems and laws, which are outside the scope of these answers.)

United States Small Flag United States

The United States is a common law jurisdiction. The common law in the United States is comprised of both state specific rulings as well as federal jurisprudence. The federal courts are comprised of the United States district courts, courts of appeal and the U.S. Supreme Court. Each state has its own unique judicial system typically with courts of common jurisdiction, intermediate appellate courts and a high court that issues final rulings on state law. As a common law country, the courts in both the federal and state systems rely upon prior rulings when deciding disputes or interpreting statutory language.

The sole exception is Louisiana, which is a civil law jurisdiction. As a result, judges in Louisiana are supposed to rely upon interpretation of the civil code when deciding matters. Louisiana is the only civil law jurisdiction in the United States.

Serbia Small Flag Serbia

Our jurisdiction is a civil law jurisdiction.

UAE Small Flag UAE

Civil law.

Germany Small Flag Germany

Germany is a code-based civil law jurisdiction. Its civil law has been subject to a wide array of influences from Roman law (Corpus Juris Civilis), the Prussian Civil Code (Allgemeines Preußisches Landrecht, 1794) to Napoleonic law (Code civil, 1804). Germanys most important body of civil laws is the German civil code (“Bürgerliches Gesetzbuch- BGB) which was in development since 1881 and became effective on January 1, 1900. The German civil code contains five books (general part/ law of obligations/ law of property/ family law/ law of succession) with roughly 2.450 articles (“Paragrafen”).

Austria Small Flag Austria

Our legal system is a civil-law system.

France Small Flag France

Our jurisdiction is a civil law jurisdiction.

Greece Small Flag Greece

Greece is a civil law legal jurisdiction. The sources of Greek law are legislation, custom, the generally accepted rules of international law, the international treaties and the European Union Law, whereas case law (or precedent) is not recognised as a source of law.

Saudi Arabia Small Flag Saudi Arabia

The Saudi Arabian legal system is based on Islamic Law. Legal procedures are more similar to those in civil law jurisdictions than in common law jurisdictions.

Malaysia Small Flag Malaysia

Malaysia is a common law jurisdiction, with the Federal Constitution being the Supreme Law of the land. As a federation, Malaysia has both federal and state legislation.

Updated: October 16, 2018