In theory, codes designed in the civil law system should go beyond the compilation of individual laws and instead enshrine the law in a coherent and comprehensive legal act, sometimes initiating major reforms or starting from scratch. [15] In this respect, civil codes are closer to the Reformulations of the Law, the Uniform Commercial Code (European-inspired) and the Model Penal Code in the United States. In the United States, U.S. states began codifying the New York Field Code of 1850 (which established the rules of civil procedure and was modeled after European and Louisiana codes). [16] Other examples include the California Codes (1872) and Revised Federal Statutes (1874) and the current United States Code (1926), which are closer to statute books than systematic legal records similar to civil law codes. Courts specific to the underlying codes – therefore, there are usually separate systems of constitutional courts, administrative tribunals and civil courts that deal with and interpret the consistency of legislation and administrative acts with that specific code; The operator is protected in certain circumstances by the right to maintain the “financial equilibrium” of the contract. For example, if the contracting authority imposes a unilateral amendment, it must also adjust the financial terms of the agreement so that the operator is not placed in a worse situation (e.g. if the contracting authority requires higher service standards, it may also have to allow a higher tariff). Specific doctrines that are part of the operator`s right to “financial equilibrium” in France, which have equivalents in other civil law countries, include: In many civil law countries, separate administrative law regulates PPP agreements. It is important to seek local legal advice to verify whether these regulations apply to a particular civil system. It is also important to note that in a civil jurisdiction, unless the contract provides that the parties have agreed to arbitration, the contract will be enforced by administrative tribunals. Some of the key administrative rules applicable to delegated administrative arrangements are listed below.
To give readers a starting point, here are some examples of countries that primarily practice common law or civil law. Some authors consider civil law as the basis of socialist law used in communist countries, which, according to this view, would essentially be civil law with the addition of Marxist-Leninist ideals. Even if this were the case, civil law was generally the legal system that existed before the advent of socialist law, and some Eastern European countries reverted to pre-socialist civil law after the fall of socialism, while others continued to use a socialist legal system. Information on access to judicial systems, collective redress, mediation and legal aid. The civil law system is a codified legal system. It has its origins in Roman law. The characteristics of a civil law system include: in their technical and narrow sense, the words civil law describe the law that refers to persons, things and relationships that develop between them, to the exclusion not only of criminal law, but also of commercial law, labor law, etc. Codification took place in most civil law countries, with the French Civil Code and the German Civil Code being the most influential civil codes. A civil law system is generally more prescriptive than a customary law. However, a government has yet to consider whether specific legislation is needed to limit the scope of a particular restriction in order to enable the success of an infrastructure project, or whether specific legislation is needed for a sector. For more information, see Legislation and Regulation and Organizing Government to Think PPP.
Historically, civil law is the set of legal ideas and systems ultimately derived from the Corpus juris civilis, but strongly superimposed by Napoleonic, Germanic, canonical, feudal and local practices,[2] as well as by doctrinal currents such as natural law, codification and legal positivism. In the area of infrastructure, it should also be noted that some forms of infrastructure projects are mentioned in civil law systems with well-defined legal concepts. Concessions and leasing have a certain technical meaning and structure that may not be understood or applied in a common law country. Caution should therefore be exercised in the flexible application of these terms. This is explained in more detail in the framework of the agreements. In civil law systems where codes exist, the main source of law is the Code of Law, a systematic set of interconnected articles,[8] classified by theme in a predetermined order. [9] The codes explain the principles of law, rights and rights and the operation of basic legal mechanisms. The purpose of codification is to provide all citizens with manners and a written compendium of the laws that apply to them and that judges must follow.
Legislation is legislation enacted by a legislature, although it is generally much longer than other laws. The Code does not contain a collection of laws or a catalogue of case law, but general principles as legal norms. [8] Other important legal systems in the world include common law, Islamic law, halacha and canon law. A contract that takes up a substantive administrative principle and specifies exactly how it is to be applied will generally be effective. But changing or repealing an administrative principle may or may not be legally possible – this should be reviewed. For example, it may not be possible to completely eliminate the possibility for a contracting authority to unilaterally change service standards. In France, the law prohibits any attempt to derogate from the possibility for the contracting authority to unilaterally terminate a contract. Some civil codes also contain mandatory notice periods for breach of contract that cannot be avoided or cancelled. For the Japanese legal system, from the Meiji era, European legal systems – especially the civil law of Germany and France – were the main models of imitation.
In China, the German Civil Code was introduced in the last years of the Qing Dynasty and imitates Japan. In addition, it formed the basis of the law of the Republic of China, which remains in force in Taiwan. In addition, Korea, Taiwan and Manchuria, former Japanese colonies, have been heavily influenced by the Japanese legal system. This section examines the main features of each system and highlights areas of particular importance for PPP projects: A common law system is less prescriptive than a civil law system. A government may therefore wish to enshrine the protection of its citizens in specific laws related to the planned infrastructure program.