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Reconstruction of Civil Law Systems and the Law of ObIigations under the EngIish Common Law Heritage
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Journal Article
Reconstruction of Civil Law Systems and the Law of ObIigations under the EngIish Common Law Heritage
2017
Overview
The central theme of this research is to illuminate the role of judicial precedents in the reconstruction of civil law legal systems around the world. Consistent with this pursuit and analysis it will be essential to explore the historical background that underpins the role of judicial precedents in civil legal systems. There are significant differences between civil and common law jurisdictions. Thus, evidence will be presented to show that judges have found precedents to be persuasive when adjudicating similar cases. This research will also juxtapose the role judicial precedents against the backdrop of the doctrine of Juris Constantein the development of civil law legal systems. In this regard, this paper will present an example of the mechanism of a civil law jurisdiction for further detailed exploration of the theory submitted. Finally, it will examine the relationship between common law and statutory provisions in the law of obligations under English law.
Publisher
جامعة الكويت - مجلس النشر العلمي
Subject
