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DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY,


LUCKNOW
2018-19

Project Synopsis
“Differences Between Common law and Civil law System”

For continuous evaluation in the subject of-

World Legal Systems


Semester VIII
[Academic Year 2018- 2019]

SUBMITTED TO: SUBMITTED BY:


Dr. Shashank Shekhar Shobhit S Awasthi
Assistant Professor (Law) Sec-B, Roll No-130

Dr. RMLNLU Lucknow BA.LLB (Hons)

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Contents

ACKNOWLEDGEMENT .............................................................................................................. 3

Introduction ..................................................................................................................................... 4

Hypothesis....................................................................................................................................... 4

Research Methodology ................................................................................................................... 4

Scope of the Study .......................................................................................................................... 4

Aims and Objectives ....................................................................................................................... 4

Research Questions ......................................................................................................................... 5

Tentative Chapterization ................................................................................................................. 5

Resources ........................................................................................................................................ 5

Mode of Citation ............................................................................................................................. 5

CONCLUSION ............................................................................................................................... 5

BIBLIOGRAPHY ........................................................................................................................... 6

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ACKNOWLEDGEMENT

My Project in the subject World Legal Systems on the topic Differences Between Common law
and Civil law System has been given shape and success by the efforts of lot of people who have
contributed in its completion.

I would like to express my humble thanks to Dr. Shashank Shekhar Sir, my subject teacher,
under whose supervision the project could have been completed and without whose teachings
and insights on the subject, the project could not have been fructified.

I also extend my heartiest thanks to my seniors for their insights into the concerned project and
helping me with everything I asked them. The role of the Library Department is noteworthy. All
the staff members helped me generously in getting the materials and information I needed to
complete the project.

Shobhit S Awasthi

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Introduction

What is common law? Newcomers to the field of law will explain Common law as the law that is
common to the land of England. While this might hold truth, common law has rich history and
shaped through tremendous amounts of pressure, both historically and politically, and alteration
throughout generations to make it how it is today. It is not sufficient to simply label it as such
because there is so much more depth in studying common law.
Although having varied fundamentals, Civil law is another common legal system being
used in the world today. It is based on the principle of Corpus Juris Civilis which will be
discussed later on this paper. Moulded along with local practices and largely interpreted with
good intentions, Civil law is touted as the less rigid and more accessible of both of these legal
systems.
In this project, we are addressed to differentiate between the two legal system in a mainly
historical and characteristics basis.

Hypothesis

Project will focus to know a clear exposition of a research topic that will greatly help the
researcher to clarify his own thinking.

Research Methodology

The researcher has adopted, Empirical Legal Research Method, Wherein researcher tries to
collect knowledge or information from first hand study or primary data related to his particular
matter or topic and after analysis and interpretation of those information S/he draws out the
conclusion of that research work.

Scope of the Study

The Project will be expanded so as to cover almost every aspect related to the project topic. After
the detailed study, if possible, Researcher will try to specifically point out the specific areas.

Aims and Objectives

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The objective of the project would be to contribute to the existing literature and finding answers
to the research questions.

Research Questions

1. To know the meaning of the term common law & civil Law?

2. To know the system and significance of common law and civil law?

3. To know the origin and development of common law and civil law?

Tentative Chapterization

 Introduction
 Origins
 Judicial Decisions vs. Codes and Statutes
 Writs and Equity
 Interpreting laws
 Judges, Lawyers, and Trials
 Examples of Countries practicing Common Law and Civil Law Legal System
 Conclusion
 Bibliography

Resources

Primary resources such as statutes, case-laws and judgment will be referred to. Similarly,
secondary sources such as books, journal and online articles would also be referred to in the
course of research. The internet would be widely used for resource collection.

Mode of Citation

OSCOLA style of citation will be followed throughout the project.

CONCLUSION

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These two prominent law systems have their own siginificance. There is merits and demerits in
both the systems but the end goal is to deliver justice.
BIBLIOGRAPHY

 Bowman, Milo J. Handbook of elementary law, Part 1. California: West


Publishing Company, 2008.
 Hadley, James. Introduction to Roman Law. Read Books, 2007.
 Hamzah, Wan Arfah. A First Look At The Malaysian Legal System. Selangor:
Oxford Fajar Sdn. Bhd., 2009.
 Hudson, Alastair. Understanding Equity and Trusts. Routledge Cavendish, 2004.
 John Indermaur, Edmund Hatch Bennett. Principles of the Common Law: An
Elementary Work Intended for the Use of Students and the Profession. Wm. S.
Hein Publishing, 1997.
 Mothersole, Brenda. A-level Law in Action. Cengage Learning EMEA, 2000.
 Newton R, Newton. General Principle of Law. 3rd Edition. London: Sweet &
Maxwell, 1983.
 Scott, Samuel P. The Civil Law: Including the Twelve Tables, the Institutes of
Gaius, the Rules of Ulpian, the Opinions of Paulus, the Enactments of Justinian,
and the Constitutions. New Jersey: The Lawbook Exchange, Ltd., 2001.
 The Civil Law and the Common Law. 20 January 2009. 21 December 2009
<http://www.svpvril.com/comcivlaw.html>.
 Wendell H, Oliver. The Common Law. Transaction Publishers, 2004.