Raj, SRM University, Delhi NCR
ABSTRACT
The interest of students, teachers and researchers alongwith legal luminaries and scholars apart from their own legal system in the legal system of other countries has been a matter of tradition. This in return has brought in forefront the comparative studies among the different legal systems of the world. The comparison also becomes essential when the some grey area of law comes and a new law is required then such studies help us to mitigate our problems by accommodating changes in our legal system on the basis of the similar changes brought about in the different legal system of the world.
The two major legal system of the world is that of:
Civil law (followed in countries like China, Germany, France etc)
Common law (followed in countries like India, the U.K., the U.S.A., and Australia etc.)
All legal systems have, more or less same purpose of regulating and harmonising the human activity within their respective societies and which gradually develops into a culture and civilisation as well as history. it is how a legal system establishes the relations between the society, government and how it accommodates the aspirations decide the legal system of the place.
The purpose of this paper is not to derogate any legal system i.e., civil and common law or any other legal system of the world but it is merely to highlight in the mind of readers, what are its points of difference and what are its points of similarities. At the same time it is also important to keep in mind that there exist various differences between the countries following a similar legal system. For instance, the law of France is not same as that of Law of Germany or that of China. Similarly, the laws of USA differ to a large extent from the laws of England. Infact, the Indian Law which is often termed as a colonial relic or legacy differs from English Laws to a larger extent.
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