The Cambodian legal system is based largely on the French civil system, and is statute based. … The legal system has evolved from unwritten customary law, prevalent during Angkorian times, to statutory law, under the French colonisation from 1863 to 1953 and up until 1975.
Which countries have civil law?
France and Germany are two examples of countries with a civil law system. Common law systems, while they often have statutes, rely more on precedent, judicial decisions that have already been made. Common law systems are adversarial, rather than investigatory, with the judge moderating between two opposing parties.
What are the two sources of law in Cambodia?
As in other countries with a continental legal system, legislation is the primary source of law in Cambodia. Other sources of law include the Constitution, custom, government decrees and regulations adopted under UNTAC, and human rights conventions ratified by Cambodia.
What are the hierarchy of law in Cambodia?
The hierarchy of law in Cambodia is as follows starting from the highest level to the lowest level of legal force. The Constitution of the Kingdom of Cambodia (the “Constitution”) is the supreme law in Cambodia. All laws, legal documents and state body decisions must adhere to it.
What are the 4 types of civil law?
Four of the most important types of civil law deal with 1) contracts, 2) property, 3) family relations, and 4) civil wrongs causing physical injury or injury to property (tort).
What does civil law mean?
Civil law is the part of a country’s set of laws which is concerned with the private affairs of citizens, for example marriage and property ownership, rather than with crime.
What is the main difference between civil law and common law?
Common law functions as an adversarial system, a contest between two opposing parties before a judge who moderates. A jury of ordinary people without legal training decides on the facts of the case. The judge then determines the appropriate sentence based on the jury’s verdict. Civil Law, in contrast, is codified.
What are examples of common law?
Common law is defined as a body of legal rules that have been made by judges as they issue rulings on cases, as opposed to rules and laws made by the legislature or in official statutes. An example of common law is a rule that a judge made that says that people have a duty to read contracts.
How is common law still used today?
Common Law in the United States
Common law has no statutory basis; judges establish common law through written opinions that are binding on future decisions of lower courts in the same jurisdiction. … Thus, ‘common law’ is used to fill in gaps.