Common law and equity

Common law'* is a slippery phrase*. It is used to distinguish* judge-made law from law made by Parliament. It is also used to distinguish that law originating from the English system as exported to other nations and law made along the lines of Roman law, called civil or civilian law*. It is essential to be careful with terminology, not just with the terms used but also with their context. This classification takes the phrase 'common law' yet again and uses it to distinguish the law developed by the judges (as opposed to legislation) and to pick out* the law which dates back across the centuries to the old common law courts and that law which (although developed by the judges) dates back to the Court of Chancery (the court from which the modern Chancery Division was developed). This is a body of law called 'equity'*. It is important to be able to spot* equitable rules and principles and to be able to distinguish them from common law rules and principles. To do this requires some grasp of the history which gave rise to these two systems or strains of law within the English law taken as a whole.

Notes

common law — общее право

slippery phrase — неопределенная, неточная формулировка

distinguish from — отличать, различать

civil law — гражданское право

pick out — отличать

equity law — право справедливости

spot — вычленить

CIVIL LAW

Civil Law, term applied to the body of private law* used in those countries in which the legal system is based on modified ancient Roman law*. Civil law is used in most nations in Europe and Latin America, as well as in some countries in Asia and Africa. The term civil law is also employed to distinguish* those legal codes that deal with civil relationships (such as citizenship, marriage, and divorce) from other codes such as those dealing with criminal law.

Historical Development

In the 6th century a commission appointed by* the Roman emperor Justinian consolidated all the sources of law, resulting in the Corpus Juris Civilis* (Body of Civil Law). The Corpus Juris had no immediate effect* in Western Europe, but in the second half of the 1 lth century it was rediscovered in Italy. The study of law based on the Corpus Juris became an important part of Continental law. Combined with canon law* and the customs of merchants*, they formed a body of law known throughout continental Europe.

During the 17th and 18th centuries the authority of the Corpus Juris began to decline* as it was set* for the codification of modern civil law.In the 19th century most civil-law countries codified the bulk of their legal statutes*

Notes

the body of private law — совокупность норм частного права

Roman Law - Римское право

distinguish from — отличать от

appointed by - назначенный кем-л.

the Corpus Juris Civilis — совокупность норм гражданского права

immediate effect - немедленное воздействие

canon law — каноническое право

the customs of merchants - обычное торговое право

decline — пойти на спад, убыль

the stage was set — зд. место было подготовлено

legal statute — законодательный акт, статут

GEOGRAPHICAL EXPANSION* OF THE CIVIL LAW

The civil law gradually spread to* colonies of France, the Netherlands, Belgium, Spain, and Portugal. Civil-law systems were also voluntarily adopted in Japan, South Korea, Taiwan, Thailand, and Turkey. In a number of countries, moreover, the civil law is a component of a mixed legal system. For example, in Scotland, South Africa, and Sri Lanka, the legal system combines civil- and common-law elements.