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2022, vol. 19, iss. 2, pp. 349-358
Civil law between law and precedent
Megatrend University, Faculty of Law, Public Administration and Security, Belgrade, Serbia
Rad je rezultat projekta Pravnog fakulteta FPMIRS: Znanjem do integrisanja u društvene i ekonomske tokove

The most obvious difference between civil law and the common law system is that the civil law system is a codified system, followed by legislation covering this area, while common law is based mainly on case law. The basic principle that applies is that earlier court decisions, usually of higher courts, made in a similar case, should be followed in later cases, ie that precedents should be respected. The paper points out that in civil law the main principles and rules are contained in the text of the law, while case law is only a secondary source of law. On the other hand, common law is predominantly based on court decisions already made. Civil law is based on the application of the law, and common law on the creation of rights. Courts in the civil law system resolve specific cases by applying and interpreting legal norms, while in common law courts, while resolving disputes, and also provide guidance on how similar disputes should be resolved in the future, so that court decisions create legislation.
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Berman, Harold, J., (1983). Law and Revolution, Cambridge, Harvard University Press
Damaška, Mirjan, R., (1986). The Faces of Justice and State Authority, New Haven: Yale University Press
Dawson, John P., (1960). A History of Lay Judges, Cambridge: Harvard University Press
Grossman, Herschel I., (1997), "Make Us A King: Anarchy, Predation and the State, "Brown University, Department of Economics Working Paper 97/26
La Porta Rafael, Florencio Lopez-de-Silanes, Andrei Shleifer, Robert W Vishny, (1999). "The Quality of Government," Journal of Law, Economics, and Organization 15, 222-279
La Porta Rafael, Florencio Lopez-de-Silanes, Andrei Shleifer, Robert W Vishny, (1998). "Law and Finance," Journal of Political Economy 106, 1113-1155
Merryman, John, H., (1969), The Civil Law Tradition, Stanford: Stanford University Press
Mousourakis, G. (2015). Roman Law and the Origins of the Civil Law Tradition. Springer Cham Heidelberg New York Dordrecht London, p. 97-98
Prestwich, Michael, (1988). Edward I, New Haven: Yale University Press
Rene David , John E.C. Brierley. Major legal systems in the world today. Term%20Jurisprudence-I%20(Legal%20Method)%20July%202016.pdf


article language: Serbian
document type: Professional Paper
DOI: 10.5937/MegRev2202349N
received: 12/05/2022
accepted: 05/06/2022
published in SCIndeks: 22/09/2023
Creative Commons License 4.0

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