Codification is one of the defining characteristics of civil courts. [contradictory] In common law systems, such as that of English law, codification is the process of converting and consolidating judicial law into statutory law. [1] [2] [3] In 1930, the League of Nations held a conference in The Hague to codify the rules of general affairs, but very little progress was made. Israel also uses certain religious laws and courts to determine cases.51 For example, religious courts in Israel include Jewish rabbinical courts, Islamic Sharia courts, Druze religious courts, and ecclesiastical courts of the 10 recognized Christian communities. In Israel, these courts are limited to a few specific family law issues. The secular judicial system decides all other issues. Note that before discussing the different legal systems, it is important to distinguish between what the term civil law means in the context of legal systems and what it means in terms of civil and criminal law. 7 The disadvantage of this approach, according to some, is that it ossifies existing imperfections in the law and leaves gaps that require additional legislative or judicial intervention at a later stage. The codification of the law helps to identify contradictory laws, duplicate laws and ambiguous laws. Codification creates a unified source that is easily accessible to professionals and laypeople. 2 The Code of Civil Procedure of 1859 was followed by the Indian Penal Code of 1860, the Code of Criminal Procedure of 1861 (later replaced in 1871 and 1882), the Indian Succession Act of 1865, the Indian Evidence Act of 1872, the Indian Contract Act of 1872 and various others (which, according to Weiss, comparative law scholars would generally regard as «a system of law codified in the common law tradition»): Ibid., p.

485). These two systems, common law and civil law, are the most widely used legal systems in the world. They differ in the weight they attach to the precedent of the judiciary and in their views on the subject matter of the trial. English Judge Sir Mackenzie Chalmers is known as the author of the Bills of Exchange Act 1882, the Sale of Goods Act 1893 and the Marine Insurance Act 1906, all of which codified existing common law principles. The Sale of Goods Act was repealed and re-enacted by the Sale of Goods Act 1979 in a way that showed how strong the 1893 original had been. [Note 2] The Marine Insurance Act (slightly amended) has been remarkably successful, adopted verbatim in many common law jurisdictions. Most of Europe and South America use a civil law system.47 A civil law system is based on comprehensive legal systems that contain all the laws of the country. Case law, i.e.

judicial decisions, is subject to these codes. Decisions are binding only on the parties to the case, and not as a precedent for subsequent cases on the same issues. Although lawyers consult previous decisions when advising clients, judges are rarely required to respect precedents. For this reason, codes of law are generally more extensive and detailed than in common law systems. Recodification refers to a process in which existing codified laws are reformatted and rewritten into a new codified structure. This is often necessary because the legislative process of amending laws and the legal process of interpreting laws over time lead to a code that contains archaic terms, replaced text, and redundant or contradictory laws over time. Due to the size of a typical government code, the legislative process of recodifying a code can often take a decade or more. Papal attempts to codify the scattered mass of canon law have lasted eight centuries since Gratian produced his Decretum c. 1150.[7] In the 13th century, canon law in particular became the subject of scientific study, and various compilations were compiled by Roman popes. The most important of these were the five books of Decretales Gregorii IX and Liber Sextus of Boniface VIII. Legislation has developed over time. Some of this has become obsolete and contradictions have crept in, making it difficult recently to understand what an obligation is and where to find the law on a particular issue.

Since the end of Corpus Juris, many new laws and decrees have been promulgated by popes, councils and Roman communities. No complete collection of them had ever been published, and they remained scattered in the bulky volumes of the Acta Sanctae Sedis`s «Bullaria» and other compilations of this type, which were only a few and accessible to the professional canonists themselves and formed a bulky mass of legal material. In addition, many of the regulations, whether included in the Corpus Juris or more recently, appeared contradictory; some had been formally repealed, others had become obsolete due to prolonged non-use; Others had ceased to be useful or applicable in the present state of society. In this way, great confusion was created and the correct knowledge of the law became very difficult, even for those who had to apply it. [8] Pure reformulation (without reform) into a single legislative code of existing law dealing with a specific issue. In civil courts which may concern only statutory law; In common law countries, this could be an amalgam of law and case law (previous).7x The disadvantage of this approach, according to some, is that it ossifies existing imperfections in the law and leaves gaps that require additional legislative or judicial intervention at a later date. 4 None of these twenty-first century initiatives can rightly be described as codification, because it was based on existing statutory law and not on an amalgam of law and case-law. The system is more inquisitorial than adversarial.

The trial is a series of meetings, hearings and written communications during which the judge testifies. The judge shapes the issues to be decided on the basis of discussions with the parties. As a general rule, the judge questions witnesses and may include or exclude all questions submitted by lawyers when preparing questions. Finally, the judge decides the issues and gathers the evidence before announcing a decision.48 It is only at the final hearing that the lawyers and parties discuss with the judge. When there is a jury, its members are usually not recruited from the general public, but selected on the basis of their expertise in the respective field. Although juries of ordinary people are rare in civil law systems, they are increasingly used in serious criminal cases. More complex or far-reaching reform of the relevant law in order to achieve a reorganization, updating and simplification of the existing law in a single code.8x The disadvantage of this approach is that the bill could lead to parliamentary disputes, lengthy debates and resulting political delays.