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Business law I - Excursus: Differences between civil law and common law systems

5 important questions on Business law I - Excursus: Differences between civil law and common law systems

Mention some of the biggest and most important countries that have common law as their source of law.

USA, Canada, Australia, UK.

What is a substantive law? Where is it seen in common law and civil law?

A substantial law is the set of laws that sets out how the members of a society are to behave. In the civil law this is seen e.g. through the rights and responsibilities of the citizen and in common law through the precedent.

Where is there a difference in making an offer between common law and civil law?

In common law the offeror can take back his offer any time before the offeree has accepted the offer. In the civil law system the offer cannot be taken back once it has been made except when the revocation is received before or at the same time as the offer by the offeree. (Section 145 German Civil Code)

What is the main difference between civil law and common law when drafting contracts?

In the civil law system the contracts are rather short and precise using broad terms, as a lot of the rights and responsibilities of the parties are already laid out by the law. In the common law system the parties are negotiating for a longer time before entering into a contract because they have to write down all legal aspects and risks that may or may not happen throughout the course of the contract. This means, that common law contracts are usually long and descriptive.

How does common law and civil law in different ways deal with force majeure?

In the common law system, the term force majeure does not have a precisely defined meaning, which means that the contracting parties will have to write out extensive force majeure clauses excluding their liability for non-performance. In Germany under the civil law, force majeure is understood as inevitable coincidence. The coincidence does only mean external events but all events that the party concerned could not have benefitted from, which means that the slightest fault will exclude force majeure.

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International Business law

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Business law I - Excursus: Differences between civil law and common law systems

5 important questions on Business law I - Excursus: Differences between civil law and common law systems

Mention some of the biggest and most important countries that have common law as their source of law.

What is a substantive law? Where is it seen in common law and civil law?

Where is there a difference in making an offer between common law and civil law?

What is the main difference between civil law and common law when drafting contracts?

How does common law and civil law in different ways deal with force majeure?

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