Civil law relies on legislation, rather than judicial decisions for law. Civil law system do not recognize judgemade law.
Common Law (Judge-made Law)
reference books International Business Law and its Environment, Richard
Schaffer, 6th ed. (chapter 4) Contract Law, Ewan Mckenrick, 6th ed. 2006. (chapter 5,
Common law is a system of law used in England, all of the states of the United States (except Louisiana) and other former British possessions such as Australia, Canada (except Quebec), India, Ireland, Jamaica, New Zealand and Hong Kong.
International Business Law
Course Description Content Part 1 Contract Law 1 Formation of Contract 2 Enforceability of Contract 3 Performance of Contract 4 Breach of Contract Part 2 Corporate Law 1 Introduction of Commercial Organizations 2 Formation of corporation and Personality of corporation 3 Corporate Governance and Corporate Structure 4 Shareholders’ meeting ( membership and control) 5 Board of Directors and Officers 6 Supervisory board (监事会) and Auditors
regulates various affairs of international business transaction and international commercial organizations, and includes usually: contract law, sales law, company law, negotiable instrument law, marine law, insurance law, etc.
b. legal systems: common law v. civil law
(普通法法系 与民法法系）
Also known as Anglo-American law system v. RomanoGermanic (or Continental law) legal system (英美法法系 与大陆法系）
13,14,15,16,17) Essentials of Contemporary Business Law, Henry Cheeseman
《国际商法》 沈四பைடு நூலகம்等著，对外经济贸易大学出版社
Unit 1 Understanding some legal terms
a. International Business Law （国际商法）
In most jurisdictions the civil law is codified in the form of a civil codes, but in some, like Scotland it remains uncodified. Most codes follow the tradition of Code Napoléon in some fashion. Notably, the German code was developed from Roman law with reference to German legal tradition.
c. case law v. statuary law (判例法 与 制定
法）
d. Civil cases and Criminal cases (民事案件
与刑事案件）
Civil cases may include suits for breach of contract （违约）or tort (侵权） cases, such as suits for personal injuries. Typically, they involve a request for damages of the wrongdoer. Criminal cases involve a representative of government attempting to prove the wrong committed against society and seeking to have the wrongdoer punished by the court system.
Civil Law System (Continental law system)
The civil law system is the general typology of legal systems found in most countries. It is an alternative to common law system and has its roots in Roman Law. It is employed by almost every country that was not a colony of the British Empire.