The four major legal systems of the world today consist of civil law, common law, customary law, and religious law. However, each country often develops variations on each system or incorporates many other features into the system.
Civil law
Civil law is the most wide-spead system of law in the world. It is also known as European Continental law. Its principal characteristic is that private law has been based on Roman law.
Countries that base their legal system on a codified civil law include:
| Country | Description | |
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 Albania
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 Angola
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Based on Portuguese civil law | |
 Argentina
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The Spanish legal tradition had a great influence on the Civil Code of Argentina, basically a work of the great Argentinean jurist Dalmacio Vélez Sarsfield, who dedicated five (5) years of his life on this task. The Civil Code came into effect on January 1, 1871. Beyond the influence of the Spanish legal tradition, the Argentinean Civil Code was also inspired by the Draft of the Brazilian Civil Code, the Draft of the Spanish Civil Code of 1851, the Napoleonic code, and the Chilean Civil Code. The sources of this Civil Code also include various theoretical legal works, mainly of the great French jurists of the 19th century. It was the first Civil Law that consciously adopted as its cornerstone the distinction between i. rights from obligations and ii. real property rights, thus distancing itself from the French model.
The Argentinean Civil Code is also in effect in Paraguay, as per a Paraguayan law of 1880. During the second half of the 20th century, the German legal theory became increasingly influential in Argentina. | |
 Armenia
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 Aruba
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Based on Dutch civil law | |
 Austria
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The Allgemeines bürgerliches Gesetzbuch (ABGB) of 1811 | |
 Azerbaijan
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 Belarus
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 Belgium
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 Benin
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 Bolivia
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 Bosnia and Herzegovina
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 Brazil
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Derived from the Portuguese civil law | |
 Bulgaria
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 Cambodia
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 Cape Verde
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Based on Portuguese civil law | |
 Central African Republic
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 Chile
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The Spanish legal tradition exercised an especially great influence on the civil code of Chile. On its turn, the Chilean civil code influenced to a large degree the drafting of the civil codes of other Latin-American states. For instance, the codes of Ecuador (1861) and Colombia (1873) constituted faithful reproductions of the Chilean code, but for very few exceptions. The compiler of the Civil Code of Chile, Andrés Bello, worked for its completion for almost thirty (30) years (!), using elements, of the Spanish law on the the other hand, and of other Western laws, especially of the French one, on the other. Indeed, it is noted that he consulted and used all of the codes that had been issued till then, starting from the era of Justinian.
The Civil Code came into effect on January 1, 1857. Its technique is regarded as perfect; it is distingushed for the clarity, logic, and cohesiveness of its provisions. As mentioned by Arminjon, Nolde, and Wolff ('Traite de droit comparé', Paris, 1950-1952) Andrés Bello may be regarded as one of the great legislators of mankind. The influence of the Napoleonic code is great; it is observed however that e.g. in many provisions of property law, the solutions of the French code civil were put aside in favor of pure Roman law. | |
 Colombia
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Civil code introduced in 1873. Nearly faithful reproduction of the Chilean civil code | |
 Costa Rica
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 Croatia
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 Cuba
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 Czech Republic
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 Denmark
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 Dominican Republic
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 Ecuador
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Civil code introduced in 1861. Nearly faithful reproduction of the Chilean civil code | |
 El Salvador
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 Estonia
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 Finland
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 France
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Based on the Napoleonic code (code civil of 1804) | |
 Georgia
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 Germany
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The Bürgerliches Gesetzbuch of 1900 | |
 Greece
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The Greek civil code of 1946, highly influenced by the German civil code of 1900 (Bürgerliches Gesetzbuch); the Greek civil code replaced the Byzantine-Roman civil law in effect in Greece since its independence (Νομική Διάταξη της Ανατολικής Χέρσου Ελλάδος, Legal Provision of Eastern Mainland Greece, November 1821: 'Οι Κοινωνικοί Νόμοι των Αειμνήστων Χριστιανών Αυτοκρατόρων της Ελλάδος μόνοι ισχύουσι κατά το παρόν εις την Ανατολικήν Χέρσον Ελλάδα', 'The Social [i.e. Civil] Laws of the Dear Departed Christian Emperors of Greece [referring to the Byzantine Emperors] alone are in effect at present in Eastern Mainland Greece') | |
 Guatemala
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 Haiti
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 Honduras
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 Hungary
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 Iceland
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 Italy
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Based on codified Roman law, with elements of the Napoleonic civil code. | |
 Japan
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Modeled after European (primarily German) civil law system with some English-American influence. | |
 Latvia
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Largely influenced by Germany, medium influences from Russian and Soviet law. | |
 Luxembourg
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 Macau (SAR of  China)
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Based on the Portuguese strand of the continental tradition, itself much influenced by Germany; also influenced by the law of the PRC | |
 Mexico
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 Netherlands
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 Norway
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 Panama
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 Paraguay
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The Argentinean Civil Code is also in effect in Paraguay, as per a Paraguayan law of 1880. | |
 Peru
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 Poland
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 Portugal
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 Russia
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 Slovakia
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 Spain
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 Sweden
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As all Scandinavian legal systems, it is distinguished for its traditional character and as well as for the fact that it did not adopt elements of Roman law. It is indeed worth mentioning that it assimilated very few elements of foreign laws whatsoever. It is also interesting that the Napoleonic code had no influence in codification of law in Scandinavia. The historical basis of the law of Sweden, just as for all Nordic countries, is the Old German law. Codification of the law started in Sweden during the 18th century, preceding the codifications of most other European countries. However, neither Sweden, nor any other Nordic state created a civil code of the kind of the code civil or the BGB | |
 Switzerland
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The Zivilgesetzbuch of 1908 and 1912 (obligations; fifth book) | |
 Turkey
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Modeled after the Swiss civil law (Zivilgesetzbuch) of 1907; this has been a consious choice of Kemal Ataturk, the founder of the modern Turkish state, in order to abolish the Islamic law (Sharia), aiming at westernizing the country | |
 Vatican City
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 Vietnam
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Communist legal theory and French civil law |
Common law
Customary law
This list is incomplete; you can help by adding missing items. |
| Country | Description |
|---|---|
 Andorra
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Courts apply the customary laws of Andorra, supplemented with Roman law and customary Catalan law. [1] |
 Mongolia
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Religious law
This list is incomplete; you can help by adding missing items. |
Mixed (or Pluralistic) Systems
Civil Law and Common Law
This list is incomplete; you can help by adding missing items. |
| Country | Description | |
|---|---|---|
 Botswana
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South African law (a mixed system) transferred uno acto through a proclamation of reception | |
 Cyprus
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Based on English common law (Cyprus was a British colony 1878-1960), with admixtures of French and Greek civil and public law, Italian civil law, Indian (!) contract law, Greek Orthodox canon law, Muslim religious law, and Ottoman civil law (a comparatist's paradise!) | |
 Guyana
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 Israel
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Originally (1948) based on English common law; in the process, influenced by German civil law - for instance, between 1962 and 1981, the Knesset issued twenty (20) wide-ranging laws, which were clearly influenced by European continental law, and were in the form of codes | |
 Louisiana ( US)
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Based on the French Napoleonic Code; the modern legal system of the state of Louisiana has its origin in the Louisiana Purchase (i.e. the sale of Louisiana - not coterminous with the present eponymous state - by Napoleon to the United States of America in 1803) | |
 Malta
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Initially based on Roman Law and eventually progressed to the Code de Rohan, Code Napoleon with influences from Italian Civil Law. British Common Law however is also a source of Maltese Law, most notably in Public Law | |
 Mauritius
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 Namibia
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South African law (a mixed system) transferred uno acto through a proclamation of reception | |
 Philippines
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Based on Spanish law; influenced by US common law after 1898 (victory of the US over Spain in the Spanish-American war of 1898 and session of Philippines to the US) | |
 Puerto Rico ( US)
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Based on Spanish law; influenced by US common law after 1898 (victory of the US over Spain in the Spanish-American war of 1898 and session of Puerto Rico to the US) | |
 Quebec ( Canada)
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After the defeat of the French in the battle at the Plains of Abraham, the British allowed them to keep their language (French), their religion (Roman Catholicism), and their legal system (civil law). However, Quebec being part of the Canadian Confederation means that English-based laws applied at the federal level are in effect in Quebec also. | |
 Saint Lucia
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 Scotland ( United Kingdom)
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Scotland obtained a structurally mixed system by way of its merger with England through the Act of Union in 1707. Public law and public institutions became common, but both countries retained their own private laws - England kept its common law, while Scotland kept the Scots law, of Roman and Dutch origin. | |
 Seychelles
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 South Africa
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An amalgam of English common law and Roman-Dutch civil law | |
 Swaziland
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South African law (a mixed system) transferred uno acto through a proclamation of reception | |
 Thailand
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Civil Law, Common Law, and Customary Law
This list is incomplete; you can help by adding missing items. |
| Country | Description |
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 Cameroon
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 Lesotho
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South African law (a mixed system) transferred uno acto through a proclamation of reception |
 Sri Lanka
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 Vanuatu
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 Zimbabwe
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South African law (a mixed system) transferred uno acto through a proclamation of reception |
Civil Law and Customary Law
This list is incomplete; you can help by adding missing items. |
| Country | Description |
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 Burkina Faso
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 Burundi
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 Chad
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| People's Republic of China
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based on civil law system; derived from Soviet and continental civil code legal principles. |
 Republic of the Congo
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 Democratic Republic of the Congo
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 Cote d'Ivoire
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 Equatorial Guinea
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 Ethiopia
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 Gabon
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 Guinea
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 Guinea-Bissau
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Civil Law, Customary Law, and Muslim Law
This list is incomplete; you can help by adding missing items. |
| Country | Description |
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 Djibouti
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 Eritrea
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 Indonesia
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Civil Law and Muslim Law
This list is incomplete; you can help by adding missing items. |
| Country | Description |
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 Algeria
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 Comoros
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 Egypt
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Common Law and Customary Law
This list is incomplete; you can help by adding missing items. |
| Country | Description |
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 Bhutan
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 Ghana
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 Hong Kong (SAR of China)
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principally based on English common law |
Common Law, Customary Law, and Muslim Law
This list is incomplete; you can help by adding missing items. |
| Country | Description |
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 Brunei
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 Gambia
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 India
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based on English common law, separate personal law codes apply to Muslims, Christians, and Hindus |
Common Law and Muslim Law
This list is incomplete; you can help by adding missing items. |
| Country | Description |
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 Bahrain
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 Bangladesh
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 Oman
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 Pakistan
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based on English Common Law, some Islamic Law applications in inheritance. Tribal Law in FATA |
 Qatar
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 Singapore
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based on English common law |
See also
External links
- World Legal Systems, Website of the Faculty of Law of the University of Ottawa
- Australian Institute of Comparative Legal Systems
- Factbook list of legal systems
References
- Moustaira Elina N., Comparative Law: University Courses (in Greek), Ant. N. Sakkoulas Publishers, Athens, 2004, ISBN 960-15-1267-5
- Moustaira Elina N., Milestones in the Course of Comparative Law: Thesis and Antithesis (in Greek), Ant. N. Sakkoulas Publishers, Athens, 2003, ISBN 960-15-1097-4