Difference Between Common Law And Civil Law

Difference Between Common Law And Civil Law

The main dissimilarities or difference between common law and civil law can be highlighted as follows:

1. Introduction

Common Law: Legal system derived from legal precedents

Civil Law: Legal system based on the written constitution.

2. Based On

Common Law: It is based on judicial precedent and interpretations.

Civil Law: It is based on codes and written rules

3. Nature

Common Law: It is less descriptive in nature

Civil Law: It is more descriptive in nature

4. Written Constitution

Common Law: Written constitution is not compulsory to practice this law

Civil Law: Written constitution is compulsory for this law

5. Countries

Common Law: It is used in England, Wales, India etc.

Civil Law: It is used in Germany, Japan, Spain etc.

6. Also Known As

Common Law: Case law, judgmental law, Anglo American law etc

Civil Law: It is also known as code law

7. Freedom Of Contract

Common Law: More freedom than civil law

Civil Law: Less freedom than common law

Common Law Vs Civil Law (Comparison Chart)

Basis	Common Law	Civil Law
Based On	Judicial Precedent	Written Rules And Codes
Nature	Less Descriptive	More Descriptive
Written Constitution	Not necessary	Compulsory
Countries	India, Wales, England etc.	Japan, Germany, Spain etc.
Also Called	Case Law, judgmental law	Code Law
Freedom Of Contract	More	Less

I hope this post is helpful to understand the difference between common law and civil law and to make comparison between them.