The contemporary legal systems of the world are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law.
Both civil (also known as Roman) and common law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system.
The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more particularly, the Corpus Juris Civilis issued by the Emperor Justinian ca. AD 529. This was an extensive reform of the law in the Byzantine Empire, bringing it together into codified documents. Civil law was also partly influenced by religious laws such as Canon law and Islamic law. Civil law today, in theory, is interpreted rather than developed or made by judges. Only legislative enactments (rather than legal precedents, as in common law) are considered legally binding.
- French civil law: in France, the Benelux countries, Italy, Romania, Spain and former colonies of those countries;
- German civil law: in Germany, Austria, Russia, Switzerland, Estonia, Latvia, Bosnia and Herzegovina, Croatia, Kosovo*, Macedonia, Montenegro, Slovenia, Serbia, Greece, Portugal and its former colonies, Turkey, and East Asian countries including Japan, South Korea and Taiwan (Republic of China);
- Scandinavian civil law: in Denmark, Norway and Sweden. As historically integrated in the Scandinavian cultural sphere, Finland and Iceland also inherited the system.
- Chinese law: a mixture of civil law and socialist law in use in the People's Republic of China.
However, some of these legal systems are often and more correctly said to be of hybrid nature:
- Napoleonic to Germanistic influence (Italian civil law)
The Italian civil code of 1942 replaced the original one of 1865, introducing germanistic elements due to the geopolitical alliances of the time. The Italian approach has been imitated by other countries including Portugal (1966), the Netherlands (1992), Lithuania (2000), Brazil (2002) and Argentina (2014). Most of them have innovations introduced by the Italian legislation, including the unification of the civil and commercial codes.
- Germanistic to Napoleonic influence (Swiss civil law)
The Swiss civil code is considered mainly influenced by the German civil code and partly influenced by the French civil code. The civil code of the Republic of Turkey is a slightly modified version of the Swiss code, adopted in 1926 during Mustafa Kemal Atatürk's presidency as part of the government's progressive reforms and secularization.
A comprehensive list of countries that base their legal system on a codified civil law follows:
|Albania||Based on Napoleonic Civil law. The Civil Code of the Republic of Albania, 1991 |
|Angola||Based on Portuguese civil law|
|Argentina||The Spanish legal tradition had a great influence on the Civil Code of Argentina, basically a work of the Argentine jurist Dalmacio Vélez Sársfield, who dedicated five years of his life on this task. The Civil Code came into effect on 1 January 1871. Beyond the influence of the Spanish legal tradition, the Argentinian 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 Argentinian Civil Code was also in effect in Paraguay, as per a Paraguayan law of 1880, until the new Civil Code went in force in 1987.
During the second half of the 20th century, the German legal theory became increasingly influential in Argentina.
|Andorra||Courts apply the customary laws of Andorra, supplemented with Roman law and customary Catalan law.|
|Armenia||Based on Napoleonic Civil law and traditional Armenian law.|
|Aruba||Based on Dutch civil law|
|Austria||Based on Germanic Civil law. The Allgemeines bürgerliches Gesetzbuch (ABGB) of 1811|
|Azerbaijan||Based on German, French, Russian and traditional Azerbaijani Law|
|Belarus||Based on Germanic Civil law|
|Belgium||The Napoleonic Code is still in use, although it is heavily modified (especially concerning family law)|
|Benin||Based on Napoleonic Civil law.|
|Bolivia||Influenced by the Napoleonic Code|
|Bosnia and Herzegovina||Influenced by Austrian law. The Swiss civil law (Zivilgesetzbuch) was a model for the Law on Obligations of 1978.|
|Brazil||Based on the German, Italian, French and Portuguese doctrine and codes. However, in 2004 the Federal Supreme Court (STF) have gained the authority to create binding precedents (súmulas vinculantes) about Constitutional norms whose validity, interpretation and eficacy are controversial among the judiciary organs or among these and the public administration. Such controversy must cause juridical unsafety and relevant multiplication of prossecutions about an identical theme for a binding precedent to be created. The STF is the only court in Brazil with such attribution.|
|Bulgaria||Civil Law system influenced by Germanic and Roman law systems|
|Burkina Faso||Based on French civil law system|
|Chad||Based on French civil law system|
|People's Republic of China||Based on Germanic Civil law with influences from the Soviet Socialist law from Soviet Union|
|Republic of the Congo||Based on the Napoleonic Civil law.|
|Democratic Republic of the Congo||Based on Belgian civil law|
|Cote d'Ivoire||Based on French civil law system|
|Cape Verde||Based on Portuguese civil law|
|Central African Republic||Based on French civil law system|
|Chile||Based on the Chilean Civil Law inspired by the Napoleonic Civil Law. 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, Venezuelan Andrés Bello, worked for its completion for almost 30 years, using elements, of the Spanish law on the one 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 1 January 1857. The influence of the Napoleonic code and the Law of Castile of the Spanish colonial period (especially the Siete Partidas), is great; it is observed however that e.g. in many provisions of property or contract law, the solutions of the French code civil were put aside in favor of pure Roman law or Castilian law.
|Colombia||Based on the Chilean Civil Law. Civil code introduced in 1873. Nearly faithful reproduction of the Chilean civil code|
|Costa Rica||Based on the Napoleonic Civil Law. First Civil Code (a part of the General Code or Carrillo Code) came into effect in 1841; its text was inspired by the South Peruvian Civil Code of Marshal Andres de Santa Cruz. The present Civil Code went into effect 1 January 1888, and was influenced by the Napoleonic Code and the Spanish Civil Code of 1889 (from its 1851 draft version).|
|Croatia||Based on the Germanic Civil Law. Croatian Law system is largely influenced by German and Austrian law systems. It is significantly influenced by the Civil Code of the Austrian Empire from 1811, known in Croatia as "General Civil Law" ("Opći građanski zakon"). OGZ was in force from 1853 to 1946. The Independent State of Croatia, a Nazi-controlled puppet state that was established in 1941 during World War II, used the OGZ as a basis for the 1943 "Base of the Civil Code for the Independent State of Croatia" ("Osnova građanskoga zakona za Nezavisnu Državu Hrvatsku"). After the War, Croatia become a member of the Yugoslav Federation which enacted in 1946 the "Law on immediate voiding of regulations passed before April 6, 1941 and during the enemy occupation" ("Zakon o nevaženju pravnih propisa donesenih prije 6. travnja 1941. i za vrijeme neprijateljske okupacije"). By this law OGZ was declared invalid as a whole, but implementation of some of its legal rules was approved. During the post-War era, the Croatian legal system become influenced by elements of the socialist law. Croatian civil law was pushed aside, and it took norms of public law and legal regulation of the social ownership. After Croatia declared independence from Yugoslavia on June 25, 1991, the previous legal system was used as a base for writing new laws. "The Law on Obligations" ("Zakon o obveznim odnosima") was enacted in 2005. Today, Croatia as a European union member state implements elements of the EU acquis into its legal system.|
|Cuba||Influenced by Spanish and American law with large elements of Communist legal theory.|
|Curaçao||Based on Dutch Civil Law.|
|Czech Republic||Based on Germanic civil law. Descended from the Civil Code of the Austrian Empire (1811), influenced by German (1939–45) and Soviet (1947/68–89) legal codes during occupation periods, substantially reformed to remove Soviet influence and elements of socialist law after the Velvet Revolution (1989). The new Civil Code of the Czech Republic was introduced in 2014.|
|Denmark||Based on North Germanic law. Scandinavian-North Germanic civil law.|
|Dominican Republic||Based on the Napoleonic Code|
|Ecuador||Based on the Chilean civil law. Civil code introduced in 1861.|
|Estonia||Based on German civil law.|
|Finland||Based on Nordic law.|
|France||Based on Napoleonic code (code civil of 1804)|
|Egypt||Based on Napoleonic civil law and Islamic law.|
|Gabon||Based on French civil law system|
|Guinea||Based on French civil law system, customary law, and decree|
|Guinea-Bissau||Based on Portuguese civil law|
|Germany||Based on Germanic civil law. The Bürgerliches Gesetzbuch of 1900 ("BGB"). The BGB is influenced both by Roman and German law traditions.|
|Greece||Based on Germanic civil law. The Greek civil code of 1946, highly influenced by traditional Roman law and 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||Based on Napoleonic civil law. Guatemala has had three Civil Codes: the first one from 1877, a new one introduced in 1933, and the one currently in force, which was passed in 1963. This Civil Code has suffered some reforms throughout the years, as well as a few derogations relating to areas which have subsequently been regulated by newer laws, such as the Code of Commerce and the Law of the National Registry of Persons. In general, it follows the tradition of the Roman-French system of civil codification. |
Regarding the theory of 'sources of law' in the Guatemalan legal system, the 'Ley del Organismo Judicial' recognizes 'the law' as the main legal source (in the sense of legislative texts), although it also establishes 'jurisprudence' as a complementary source. Although jurisprudence technically refers to judicial decisions in general, in practice it tends to be confused and identified with the concept of 'legal doctrine', which is a qualified series of identical resolutions in similar cases pronounced by higher courts (the Constitutional Court acting as a 'Tribunal de Amparo', and the Supreme Court acting as a 'Tribunal de Casación') whose theses become binding for lower courts.
|Haiti||Based on Napoleonic civil law.|
|Hungary||Based on Germanic, codified Roman law with elements from Napoleonic civil law.|
|Iceland||Based on North Germanic law. Germanic traditional laws and influenced by Medieval Norwegian and Danish laws.|
|India (only State of Goa, and Union Territories of Daman and Diu and Dadra and Nagar Haveli)||Based on Portuguese civil law|
|Italy||Based on Germanic civil law, with elements of the Napoleonic civil code; civil code of 1942 replaced the original one of 1865|
|Japan||Based on Germanic civil law. Japanese civil code of 1895.|
|Latvia||Based on Napoleonic and German civil law, as it was historically before the Soviet occupation. While general principles of law are prerequisites in making and interpreting the law, case law is also regularly applied to present legal arguments in courts and explain application of law in similar cases. Civil law largely modeled after Napoleonic code mixed with strong elements of German civil law. Criminal law retains Russian and German legal traditions, while criminal procedure law has been fully modeled after practice accepted in Western Europe. Civil law of Latvia enacted on 1937.|
|Lebanon||Based on Napoleonic civil law.|
|Lithuania||Modeled after Dutch civil law|
|Luxembourg||Based on Napoleonic civil law.|
|Libya||Based on Napoleonic civil law, with Ottoman, Italian, and Egyptian sources|
| Macau |
|Based on the Portuguese civil law; also influenced by the law of the PRC|
|Mexico||Based on Napoleonic civil law."The origins of Mexico's legal system are both ancient and classical, based on the Roman and French legal systems, and the Mexican system shares more in common with other legal systems throughout the world (especially those in Latin America and most of continental Europe) ..."|
|Mongolia||Based on Germanic civil law.|
|Montenegro||Based on Napoleonic and German civil law. First: the General Property Code for the Principality of Montenegro of 1888, written by Valtazar Bogišić. Present: the Law on Obligations of 2008.|
|Mozambique||Based on Portuguese civil law|
|Netherlands||Based on Napoleonic code with German law influence|
|Nepal||Based on Civil Code|
|Norway||Scandinavian-North Germanic civil law, based on North Germanic law. King Magnus VI the Lawmender unified the regional laws into a single code of law for the whole kingdom in 1274. This was replaced by Christian V's Norwegian Code of 1687.|
|Paraguay||The Paraguayan Civil Code in force since 1987 is largely influenced by the Napoleonic Code and the Argentinian Code|
|Peru||Based on civil law system; accepts compulsory International Court of Justice ICJ jurisdiction with despotic and corrupting reservations;|
|Poland||The Polish Civil Code in force since 1965|
|Portugal||Influenced by the Napoleonic Code and later by the German civil law|
|Taiwan (Republic of China)||Influenced by German Civil Code. Enacted in 1931.|
|Romania||Civil Code came into force in 2011. Based on the Civil Code of Quebec, but also influenced by the Napoleonic Code and other French-inspired codes (such as those of Italy, Spain and Switzerland)|
|Russia||Civil Law system descendant from Roman Law through Byzantine tradition. Heavily influenced by German and Dutch norms in 1700–1800s. Socialist-style modification in 1900s, and Continental European Law influences since 1990s.|
|Rwanda||Mixture of Belgian civil law and English common law|
|São Tomé e Príncipe||Based on Portuguese civil law|
|Serbia||First: the Civil Code of Principality of Serbia of 1844, written by Jovan Hadžić, was influenced by the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch). Present: The Swiss civil law (Zivilgesetzbuch) was a model for the Law on Obligations of 1978.|
|Slovakia||Descended from the Civil Code of the Austrian Empire (1811), influenced by German (1939–45) and Soviet (1947/68–89) legal codes during occupation periods, substantially reformed to remove Soviet influence and elements of socialist law after the Velvet Revolution (1989).|
|Slovenia||A Civil Law system influenced mostly by Germanic and Austro-Hungarian law systems|
|South Korea||Based on German civil law system. Also largely influenced by Japanese civil law which itself modelled after German one. Korean Civil Code was introduced 1958 and fully enacted by 1960.|
|Spain||Influenced by the Napoleonic Code, it also has some elements of Spain's legal tradition, starting with the Siete Partidas, a major legislative achievement from the Middle Ages. That body of law remained more or less unchanged until the 19th century, when the first civil codes were drafted, merging both the Napoleonic style with the Castilian traditions.|
|Suriname||Based on Dutch civil law|
|Sweden||Scandinavian-North Germanic civil law. Like all Scandinavian legal systems, it is distinguished by its traditional character and for the fact that it did not adopt elements of Roman law. It assimilated very few elements of foreign laws whatsoever. 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 North Germanic 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||The Swiss Civil Code of 1908 and 1912 (obligations; fifth book)|
|Syria||Based on Napoleonic civil law.|
|Timor-Leste||Based on Portuguese civil law|
|Turkey||Modeled after the Swiss civil law (Zivilgesetzbuch) of 1907.|
|Ukraine||Civil Code of Ukraine of 2004|
|United States – Louisiana||Law in the state of Louisiana is based on French and Spanish civil law |
Federal courts and 49 states use the legal system based on English common law (see below), which has diverged somewhat since the mid-nineteenth century in that they look to each other's cases for guidance on issues of first impression and rarely, if ever, look at contemporary cases on the same issue in the UK or the Commonwealth.
|Uzbekistan||Represents an evolution of Soviet civil law. Overwhelmingly strong impact of the Communist legal theory is traceable.|
|Vietnam||Communist legal theory and French civil law|
Common law and equity (legal concept) are systems of law whose sources are the decisions in cases by judges. In addition, every system will have a legislature that passes new laws and statutes. The relationships between statutes and judicial decisions can be complex. In some jurisdictions, such statutes may overrule judicial decisions or codify the topic covered by several contradictory or ambiguous decisions. In some jurisdictions, judicial decisions may decide whether the jurisdiction's constitution allowed a particular statute or statutory provision to be made or what meaning is contained within the statutory provisions. Statutes were allowed to be made by the government. Common law developed in England, influenced by Anglo-Saxon law and to a much lesser extent by the Norman conquest of England, which introduced legal concepts from Norman law, which, in turn, had its origins in Salic law. Common law was later inherited by the Commonwealth of Nations, and almost every former colony of the British Empire has adopted it (Malta being an exception). The doctrine of stare decisis, also known as case law or precedent by courts, is the major difference to codified civil law systems.
Common law is currently in practice in Ireland, most of the United Kingdom (England and Wales and Northern Ireland), Australia, New Zealand, Bangladesh, India (excluding Goa), Pakistan, South Africa, Canada (excluding Quebec), Hong Kong, the United States (on a state level excluding Louisiana), and many other places. In addition to these countries, several others have adapted the common law system into a mixed system. For example, Nigeria operates largely on a common law system, but incorporates religious law.
In the European Union, the Court of Justice takes an approach mixing civil law (based on the treaties) with an attachment to the importance of case law. One of the most fundamental documents to shape common law is the English Magna Carta, which placed limits on the power of the English Kings. It served as a kind of medieval bill of rights for the aristocracy and the judiciary who developed the law.
|American Samoa||Based on law of the United States|
|Antigua and Barbuda||Based on English common law|
|Australia||Based on English common law.|
|Bahamas||Based on English common law|
|Bangladesh||Based on English common law, with family law heavily based on Shar'iah law.|
|Barbados||Based on English common law|
|Belize||Based on English common law|
|Bhutan||Based on English common law, with Indian influence. Religious law influences personal law.|
|British Virgin Islands||Based on English common law|
|Canada||Based on English common law, except in Quebec, where a civil law system based on French law prevails in most matters of a civil nature, such as obligations (contract and delict), property law, family law and private matters. Federal statutes take into account the bijuridical nature of Canada and use both common law and civil law terms where appropriate.|
|Cayman Islands||Based on English common law|
|Cyprus||Based on English common law as inherited from British colonisation, with civil law influences, particularly in criminal law.|
|Dominica||Based on English common law|
| England and Wales |
|Primarily common law, with early Roman and some modern continental European influences|
|Fiji||Based on English common law|
|Gibraltar||Based on English common law|
|Grenada||Based on English common law|
| Hong Kong |
|Principally based on English common law|
|India||Based on English common law, except in Goa, Daman and Diu and Dadra and Nagar Haveli which follow a Civil law system based on the Portuguese Civil Law|
|Ireland||Based on Irish law before 1922, which was itself based on English common law|
|Israel||Based on English common law arising from the period of the British Mandate (which includes laws arising from previous Ottoman rule), also incorporating civil law and fragments of Halakha and Sharia for family law cases|
|Jamaica||Based on English common law|
|Kiribati||Based on English common law|
|Liberia||Based on Anglo-American and customary law|
|Marshall Islands||Based on law of the United States|
|Myanmar||Based on English common law|
|Nauru||Based on English common law|
|Nepal||Based on English common law|
|New Zealand||Based on English common law|
|Northern Ireland |
|Based on Irish law before 1921, in turn based on English common law|
|Palau||Based on law of the United States|
|Pakistan||Based on English common law with some provisions of Islamic law|
|Saint Kitts and Nevis||Based on English common law|
|Saint Vincent and the Grenadines||Based on English common law|
|Singapore||Based on English common law, but Muslims are subject to the Administration of Muslim Law Act, which gives the Sharia Court jurisdiction over Muslim personal law, e.g., marriage, inheritance and divorce.|
|Tonga||Based on English common law|
|Trinidad and Tobago||Based on English common law|
|Tuvalu||Based on English common law|
|Uganda||Based on English common law|
|United States||Federal courts and 49 states use the legal system based on English common law, which has diverged somewhat since the mid-nineteenth century in that they look to each other's cases for guidance on issues of first impression and rarely, if ever, look at contemporary cases on the same issue in the UK or the Commonwealth.|
Law in the state of Louisiana is based on French and Spanish civil law (see above)
Religious law refers to the notion of a religious system or document being used as a legal source, though the methodology used varies. For example, the use of Jewish and Halakha for public law has a static and unalterable quality, precluding amendment through legislative acts of government or development through judicial precedent; Christian Canon law is more similar to civil law in its use of codes; and Islamic Sharia law (and Fiqh jurisprudence) is based on legal precedent and reasoning by analogy (Qiyas), and is thus considered similar to common law.
The main kinds of religious law are Sharia in Islam, Halakha in Judaism, and canon law in some Christian groups. In some cases these are intended purely as individual moral guidance, whereas in other cases they are intended and may be used as the basis for a country's legal system. The latter was particularly common during the Middle Ages.
The Halakha is followed by orthodox and conservative Jews in both ecclesiastical and civil relations. No country is fully governed by Halakha, but two Jewish people may decide, because of personal belief, to have a dispute heard by a Jewish court, and be bound by its rulings.
The Islamic legal system of Sharia (Islamic law) and Fiqh (Islamic jurisprudence) is the most widely used religious law, and one of the three most common legal systems in the world alongside common law and civil law. It is based on both divine law, derived from the Qur'an and Sunnah, and the rulings of Ulema (jurists), who used the methods of Ijma (consensus), Qiyas (analogical deduction), Ijtihad (research) and Urf (common practice) to derive Fatwā (legal opinions). An Ulema was required to qualify for an Ijazah (legal doctorate) at a Madrasa (law school/college) before they could issue Fatwā. During the Islamic Golden Age, classical Islamic law may have had an influence on the development of common law and several civil law institutions. Sharia law governs a number of Islamic countries, including Saudi Arabia and Iran, though most countries use Sharia law only as a supplement to national law. It can relate to all aspects of civil law, including property rights, contracts or public law.
|Afghanistan||Islamic law & American/British law after invasion|
|Egypt||Islamic law is ensured in Article 2 of the Egyptian constitution.|
|The Gambia||English common law, Islamic law and customary law|
|Iran||Shia Islamic law|
|Mauritania||mix of Islamic law and French Civil Codes, Islamic law largely applicable to family law.|
|Morocco||mix of Islamic law and French Civil Codes, Islamic law largely applicable to family law. Halakha recognized to family law cases for Jewish citizens.|
|Nigeria||Sharia in the northern states, common law in the south and at the federal level.|
|Oman||Sharia and tribal custom laws|
|Saudi Arabia||Islamic law|
|Sudan||Based on Islamic law|
Civil law and canon law
Canon law is not divine law, properly speaking, because it is not found in revelation. Instead, it is seen as human law inspired by the word of God and applying the demands of that revelation to the actual situation of the church. Canon law regulates the internal ordering of the Catholic Church, the Eastern Orthodox Church and the Anglican Communion. Canon law is amended and adapted by the legislative authority of the church, such as councils of bishops, individual bishops for their respective sees, the Pope for the entire Catholic Church, and the British Parliament for the Church of England.
|Vatican City||Based on Roman & Italian civil law and Catholic canon law|
Civil law and common law
|Botswana||Based on South African law. An 1891 proclamation by the High Commissioner for Southern Africa applied the law of the Cape Colony (now part of South Africa) to the Bechuanaland Protectorate (now Botswana).|
|Cyprus||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 and Muslim religious law.|
|Jersey||The Bailiwick of Jersey's legal system draws on local legislation enacted by the States of Jersey, Norman customary law, English common law and modern French civil law|
|Lesotho||Based on South African law. An 1884 proclamation by the High Commissioner for Southern Africa applied the law of the Cape Colony (now part of South Africa) to Basutoland (now Lesotho).|
| Louisiana |
|Based on French and Spanish civil law, but federal laws (based on common law) are also in effect in Louisiana because of federal Supremacy Clause.|
|Malta||Initially based on Roman Law and eventually progressed to the Code de Rohan, the Napoleonic Code with influences from Italian Civil Law. English common law however is also a source of Maltese Law, most notably in Public Law|
|Mauritius||Laws governing the Mauritian penal system are derived partly from French civil law and British common law.|
|Namibia||Based on South African law. South Africa conquered South-West Africa (now Namibia) in 1915, and a 1919 proclamation by the Governor-General applied the law of the Cape Province of South Africa to the territory.|
|Philippines||Based on Spanish law; influenced by U.S. common law after 1898 Spanish– and Philippine–American Wars, personal law based on sharia law applies to Muslims|
| Puerto Rico |
|Based on Spanish law; influenced by U.S. common law after 1898 (victory of the U.S. over Spain in the Spanish–American War of 1898 and cession of Puerto Rico to the U.S.); federal laws (based on common law) are in effect because of federal Supremacy Clause.|
| Quebec |
|After the 1763 Treaty of Paris awarded French Canada to Great Britain, the British initially attempted to impose English Common Law, but in response to the deteriorating political situation in the nearby Thirteen Colonies, the Quebec Act was passed in 1774, which allowed a mix of English Common Law and customary civil law, based on the Coutume de Paris. Codification occurred in 1866 with the enactment of the Civil Code of Lower Canada, which continued in force when the modern Province of Quebec was created at Confederation in 1867. Canadian federal law in force in Quebec is based on common law, but federal statutes also take into account the bijuridical nature of Canada and use both common law and civil law terms where appropriate.|
| Scotland |
|Based on Roman and continental law, with common law elements dating back to the High Middle Ages.|
|Seychelles||The substantive civil law is based on the French Civil Code. Otherwise the criminal law and court procedure are based on the English common law. See Seychelles Legal Environment.|
|South Africa||An amalgam of Roman-Dutch civil law and English common law, as well as Customary Law.|
|Sri Lanka||An amalgam of English common law, Roman-Dutch civil law and Customary Law|
|Swaziland||Based on South African law. A 1907 proclamation by the High Commissioner for Southern Africa applied the Roman-Dutch common law of the Transvaal Colony (now part of South Africa) to Swaziland.|
|Thailand||The Thai legal system became an amalgam of German, Swiss, French, English, Japanese, Italian, Indian and American laws and practices. Even today, Islamic laws and practices exist in four southern provinces. Over the years, Thai law has naturally taken on its own Thai identity.|
|Vanuatu||Consists of a mixed system combining the legacy of English common law, French civil law and indigenous customary law.|
|Zimbabwe||Based on South African law. An 1891 proclamation by the High Commissioner for Southern Africa applied the law of the Cape Colony (now part of South Africa) to Southern Rhodesia (now Zimbabwe).|
Civil law and sharia law
|Egypt||Family Law (personal Statute) for Muslims based on Islamic Jurisprudence, Separate Personal Statute for non Muslims, and all other branches of Law are based on French civil law system|
|Eritrea||Only applies to Muslims for personal matters|
|Jordan||Mainly based on French Civil Code and Ottoman Majalla, Islamic law applicable to family law|
|Morocco||Based on Islamic law and French and Spanish civil law system|
|Qatar||Based on Islamic law and Egyptian civil law system (after the French civil law system)|
|Syria||Based on Islamic law and French civil law system|
|United Arab Emirates||Based on Islamic law and Egyptian civil law system (after the French civil law system)|
Common law and sharia law
|Bangladesh||Common law, personal law based on sharia law applies to Muslims|
|India||Based on English common law, Muslim personal law based on sharia law applies to Muslims. Exceptions for Muslims in Goa state, where the Goa Civil Code applies to all persons irrespective of religion, and for Muslims who marry under the Special Marriage Act, 1954.|
|Malaysia||Based on English common law, personal law based on sharia law applies to Muslims|
|Nigeria||Sharia is applied in some northern states|
|Pakistan||Based on English Common Law, some Islamic law applications in inheritance. Tribal Law in FATA|
|United Arab Emirates||Based on Common law system in the Dubai International Financial Center (DIFC Courts) and Abu Dhabi Global Market (ADGM) Courts (after the English Common law system)|
Despite the usefulness of different classifications, every legal system has its own individual identity. Below are groups of legal systems, categorised by their geography. Click the "expand" buttons on the right for the lists of countries. Some studies show that ethnic minorities are more likely to feel that the legal system within their particular jurisdiction is unfair and unjust.
- "Legal Systems of the World" (PDF). Saint: Security Sector Development.
- Wood, Phillip (2007). Principles of International Insolvency. Sweet & Maxwell. Retrieved 30 August 2015.
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