Reply to post: Re: Unlike the French system of law...

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Re: Unlike the French system of law...

It's not strictly correct. The French legal system, like the German, Dutch and other former colonies of these lands, operates a Civil Law system rather than the UK which operates under Common Law. I think the "misunderstanding" comes from a joke about the difference which goes, IIRC, "In England, practices which are not forbidden are permitted. In Germany, practices which are not permitted are forbidden, and in France, that which is forbidden is often practised."

Something like that anyway. But the idea is that under Civil Law there's a lot of prescriptive obligation in contractual law which forms an unwritten part of any contract. Under Common Law, if it's not in the contract, then it's not an obligation. The two systems have more or less converged now, but the practices associated with implementation of these two principles continue today, with Common Law countries generally operating an adversarial system where representatives of both sides argue their side before a knowledge judge who applies an existing body of law to find an outcome, whilst Civil Law countries operate an inquisitorial system, where the knowledgable judge asks the participants questions designed to elucidate their compliance with the existing body of law.

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