CONTRACT LAW:

COMMON LAW& CIVIL LAW

Two legal systems in comparison

CONTRACT LAW

Rules mostly grounded on a case decision

Law is made by judges

CONTRACT LAW

LEGISLATION INTERVENTION LEGISLATION INTERVENTION only to:

●change●add●implement European directions

RULES

SOURCES HIERARCHY

EQUITY RULES

COMMON LAW RULES

In case of conflict between the rules,

With reference to the same matter,

the equity rules shall prevail

MAIN DIFFERENCES

CIVIL LAW: ● private law is

regulated by a set of rules contained in a code

● Basically based on the Roman Law (Codex iuris civilis)

COMMON LAW● Incomplete set of

rules not grouped into a codification system

● Roman Law did not have same impact: England was already developing its own law

AROUND THE WORLD

CIVIL LAW● Continental Europe● Scotland● South Africa

COMMON LAW– England– Australia– Canada (ex. Quebec)– India– Ireland– Hong Kong– New Zealand– Singapore– U.S.A. (ex. Louisiana)

HARMONIZATION WITH CIVIL LAW

Recently judges have started considering civil law because of the pressure for convergence and harmonization of the European Private Law, in particular the Law of Contract