civil law


civil law

Body of law developed from Roman law and used in continental Europe and most former colonies of European nations, including the province of Quebec and the U.S. state of Louisiana. The most significant codifications of modern civil law were the French (Napoleonic Code) and the German (German Civil Code). The basis of law in civil-law jurisdictions is statute, not custom; civil law is thus to be distinguished from common law. In civil law, judges apply principles embodied in statutes, or law codes, rather than turning to case precedent. French civil law forms the basis of the legal systems of the Netherlands, Belgium, Luxembourg, Italy, Spain, most of France's former possessions overseas, and many Latin American countries. German civil law prevails in Austria, Switzerland, the Scandinavian countries, and certain countries outside Europe, such as Japan, that have westernized their legal systems. The term is also used to distinguish the law that applies to private rights from the law that applies to criminal matters. See also criminal law; tort.

This entry comes from Encyclopædia Britannica Concise.
For the full entry on civil law, visit Britannica.com.

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