Original scientific paper
Civil law and common law : Two different paths leading to the same goal
Časlav Pejović
orcid.org/0000-0003-0884-5297
; Kyushu University, Japan
Abstract
Although the topic of this article is more specific to comparative law, the author faced various approaches to maritime law issues that these two dominant legal systems have. The purpose of this short study is simply to highlight some of the main conceptual differences between common law and civil law systems, and to explore the possibilities of reconciling of some of those differences. The author analyzes some aspects of substantive law (contracts, property, mortgage and hypotheque, bills of exchange), and procedural law (the role of the court in litigation, the probation procedure, witnesses statements, the effect of the criminal judgment on subsequent civil proceedings, provisional measures). He concludes that, under the contemporary pressure of globalization, modern civil law and common law systems show several signs of convergence. That can contribute to a common goal of creating a fair and just legal system which can provide legal certainty and protection to all citizens and legal persons.
Keywords
Hrčak ID:
115234
URI
Publication date:
30.7.2001.
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