1 / 8

INTERNATIONAL BUSINESS LAW Stéphanie Daval

INTERNATIONAL BUSINESS LAW Stéphanie Daval. COMPARISON AND CLASSIFICATION OF THE VARIOUS EXISTING LAW SYSTEMS. SUMMARY. INTRODUCTION THE FIVE DIFFERENT SYSTEMS The civil l aw The c ommon l aw The customary l aw The m uslim l aw The mixed systems l aw

carolina
Download Presentation

INTERNATIONAL BUSINESS LAW Stéphanie Daval

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. INTERNATIONAL BUSINESS LAWStéphanie Daval COMPARISON AND CLASSIFICATION OF THE VARIOUS EXISTING LAW SYSTEMS

  2. SUMMARY • INTRODUCTION • THE FIVE DIFFERENT SYSTEMS • The civil law • The common law • The customary law • The muslim law • The mixed systems law • EXPLAIN AND COMPARISON OF THESE SYSTEMS • EXAMPLE

  3. INTRODUCTION • Comparative law is the study of differences and similarities between the law of different countries • It includes the description and analysis of foreign legal systems, even where no explicit comparison is undertaken • Increase of its importance due to economic globalization and democratization

  4. THE FIVE DIFFERENT SYSTEMS 1/3

  5. THE FIVE DIFFERENT SYSTEMS 2/3 • The civil law: • Roman legal heritage with an addition to other sources • Precedence to written law • Systematic codification • The common law: • Traditional, precedent-based element in the law of any common-law jurisdiction, and also to signify that part of the legal system that did not develop out of other special branches of practice • Great Britain • Commonwealth • Canada (except Québec ; mixed Law), United States (except Louisiana, California and Porto Rico) • In general in the countries colonized by England (Common Wealth)

  6. THE FIVE DIFFERENT SYSTEMS 3/3 • The customary law: • Born of concrete daily experience or more intellectually based on great spiritual or philosophical traditions • The muslim law: • Autonomous legal system which is actually religious in nature and predominantly based on the Koran • Sharia is the body of Islamic law • The mixed system law: • Category including political entities where two or more systems apply cumulatively or interactively, but also entities where there is a juxtaposition of systems

  7. EXAMPLE • HOW THE MARRIAGE FACILITATES THE ACCESS TO NATIONALITY IN SEVEN COUNTRIES? • Germany, Denmark, Spain, Italy, Netherlands, Portugal and United Kingdom • France • According to the article 21-1 of the civil code, “the marriage does not exert automatically any effect on nationality” • Comparison of the legislations • In Germany, Italy and Portugal, the foreigners married to nationals can prevail themselves of the right to obtain the nationality of their spouse • Denmark, Spain, Netherlands and United Kingdom, the foreigners married to nationals can only claim with naturalization faster than the other foreigners.

  8. END THANK YOU FOR YOUR ATTENTION

More Related