relocation to Germany would result in the change in the legal system that the company currently follows. Germany follows
the Civil Law legal system with the Germanic Law (derived from Roman law) which
is codified. The Civil Law system has a laid out set of codes that mention the
procedure, process and punishment for a case.1
Under the Civil Law System, cases are decided not by the jury, but by a practiced judge.
Law, on the other hand, is by and large uncodified, i.e. the main guidelines
are often based on tradition and customs, and previous rulings. This implies
there is no extensive accumulation of legitimate standards and statues.
Although Common Law depends on some statues, it is usually based on precedent,
a precedent is a case that establishes a rule. This rule is then utilized by
the court when deciding later cases.2
English Common Law is found in England and Wales, nearly every country that was
colonized by Great Britain follows the
Common Law system with their own subcategories.
Law has its advantages. Unlike Civil Law, Common Law follows a form of
consistency, yet it has room for flexibility and change. Existing Precedents
can be confronted, and revised and replaced by new Precedents. Common Law can
react to cases, circumstances and certainties that were not predicted by
legislators. It is impossible for parliament to enact for each conceivable
issue, activity or condition that may emerge in the public eye. Common Law can analyze and create reactions to genuine
circumstances. Apart from this, there is
also consistency found in the Common Law system. The doctrine of Precedent
works adequately because it gives solidness and consistency in the legal
system. Parties engaged in trials and
hearings can comprehend that choices made depend on Precedent, instead of
individual perspectives. Precedents are often produced by senior judges in
higher courts, which loans them specialist and experience. Common Law is
faster, more adaptable and responsive than civil Law. Common Law regularly
responds and reacts even more rapidly to changing social standards. Parliament
takes years to settle on the requirement for change; judges and courts can do
it while reviewing cases. The courts can likewise accomplish Law reforms
quicker as they are not bound by the political and procedural limitations of
the legislative procedure. Precedents give general direction on the Law, but
not how it should function in specific circumstances. The part of judges and
common Law is to analyse particular facts for each case, translate pertinent
enactment and manage the Law in accordance with these discoveries.
Interpretation and Doctrine of Precedent are the two important principles that
form the Common Law
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