Code Legal

The legal system was a common feature of the legal systems of the ancient Middle East. The UrukAgina Code of Law (2380-2360 BC) [2], most likely preceded by older laws that have not yet been discovered, the Sumerian Code of your-Nammu (c. 2100-2050 BC), |the Code of Law of Eshnunna (about 100 years before Lipit-Ishtar)[3],[4], the Code of Law of Lipit-Ishtar (1934-1924 BC), [5] and the Babylonian Codex of Hammurabi (c. 1760 BC), are among the oldest and best preserved legal codes, [6] who come from Sumer, Mesopotamia (now Iraq). In Europe, Roman law, in particular the Corpus Juris Civilis, has become the basis of the legal systems of many countries. Roman law was adopted either by legislation (which became positive law) or by treatment by lawyers. Accepted Roman law is then generally codified and is part of the central code. The codification movement gained momentum after the rise of nation-states after the Peace of Westphalia. The main national civil codes are the Napoleonic Code of 1804, the German Civil Code of 1900 and the Swiss Codes.

The European codifications of the 1800s influenced the codification of Catholic canon law,[7] which led to the Code of Canon Law of 1917, which was replaced by the Codex of Canon Law of 1983 and whose eastern counterpart is the Code of Canons of the Eastern Churches. Civil codes are still common, especially in the United States of America. However, these civil codes are often sets of common law rules and a variety of ad hoc statutes; That is, they do not strive for complete logical consistency. A penal code or penal code is a common feature in many legal systems. The codification of criminal law makes it possible to make criminal law more accessible, to make it more democratic and to modify it. Meanwhile, African civilizations developed their own legal traditions and sometimes codified them with coherent oral traditions, such as the Kouroukan Fouga, a charter proclaimed by the Mali Empire in 1222-1236, which lists regulations in constitutional and civil matters and is still transmitted under oath by the griots today. [8] A civil code is generally the heart of civil law systems. As a general rule, the legal system comprehensively covers the entire system of private law. In the meantime, codifications have also become more common in common law systems. For example, a penal code is found in a number of common law jurisdictions in Australia and America and continues to be discussed in England. A number of codifications were developed in the Roman Empire, such as the Twelve Tables of Roman Law (first compiled in 450 BC) and Justinian`s Corpus Juris Civilis, also known as the Justinian Code (429 – 534 AD).

However, these legal systems did not exhaustively describe the Roman legal system. The scope of the Twelve Tablets was limited, and most of the legal doctrines were developed by the pontificates who « interpreted » the tables to deal with situations that went far beyond what is contained in them. The Justinian Code brought together legal material existing at the time. In North and South America, the influence of continental legal codes has manifested itself in two ways. In civil courts, legal systems are common in the continental tradition. However, there is a strong trend towards codification in common law jurisdictions. However, the result of such codification is not always a legal code as found in the civil courts. For example, California`s Civil Code largely codifies common law doctrine and is very different in form and content from all other civil laws. The tradition of continental civil law has spread throughout the world with European cultural and military domination in recent centuries.

During the Meiji Restoration, Japan adopted a new Civil Code (1898), based mainly on the French Civil Code and influenced by the German Code. After the Xinhai Revolution of 1911 in China, the new government of the Republic of China abandoned the tradition of the Imperial Codex and instead adopted a new Civil Code, which was heavily influenced by the German Civil Code and also by the Japanese Code. This new tradition has been largely maintained in the legal system of the People`s Republic of China since 1949. In ancient China, the first comprehensive penal code was the Tang Code, which was created in 624 AD during the Tang Dynasty. This code and subsequent imperial codes formed the basis of the penitentiary system of China and other East Asian states under its cultural influence. The last and best preserved imperial codex is the Great Qing Legal Code, created in 1644 when the Qing Dynasty was founded. This codex was the exclusive and exhaustive declaration of Chinese law between 1644 and 1912. Although it was a criminal code, much of the code dealt with civil law and civil dispute resolution issues. The Code ceased operations with the fall of the Qing Dynasty in 1912, but important provisions remained in force in Hong Kong until the 1970s due to a particular interaction between it and the British common law system. A code of law, also known as a code of law or code of law, is a type of legislation that purports to comprehensively cover a complete system of laws or a specific area of law as it existed at the time of the adoption of the code through a codification process.

[1] Although the process and motivations for codification are similar in different common law and civil law systems, their use is different. n. a collection of written laws, which generally cover certain subjects. Thus, a state can have a civil code, a company code, an education code, a code of proof, a health and safety code, an insurance code, a labor law, a motor vehicle code, a penal code, a tax and tax code, etc. Federal laws dealing with legal matters are summarized in codes. There are also laws that are not codified. Despite their obvious durability, the codes are constantly being amended by legislative bodies. Some codes are administrative and have the force of law, although they were created and adopted by regulators and are not really laws or statutes. In a civil law country, a code of law usually covers the entire legal system, such as civil law or criminal law, exhaustively. On the other hand, in a common law country whose legislative practices are of the English tradition, the existing common law changes only to the extent of its express or implied provision, but otherwise leaves the common law intact.

A code completely replaces the common law in a particular area, so that the common law remains ineffective unless the code is repealed. In a third case of slightly different uses, in the United States and other common law countries that have adopted similar legislative practices, a code of law is a permanent set of laws in a particular area that is added, subtracted, or otherwise amended to individual pieces of legislation. van Gulik, R.H. Guilt and Punishment in Ancient China: The Tang Yin Pi Shih. Orchid Press, 2007.ISBN 9745240915, ISBN 978-974-524-091-9.