THE COMMON LAW SYSTEM

1. International business law THE COMMON LAW SYSTEM Marie Arnault-Bronchain William Gérard Iris Hanan

2. Origins of the Common Law • Common Law came from the Anglo-Saxon. • Existed/controlled/ruled the land of England.

3. What is the Common Law? • The Common Law consists of a body of principles which have been built up from the precedents of the old courts of Common Law. • This law became known as “common” to distinguish it from the older, local laws.

4. System of the Common Law • How to start an action; • Using the writ; • Development of new writs;

5. EQUITY • Apparition of the notion called « equity ». • What is equity? Equity follows common law. If common law does not produce a just outcome, then equity will be used. Equity will remedy the wrongs resulting from the rigidity and technicalities of the Common Law system when the Common Law had failed to recognize rights and duties.

6. The conflict • Rivalry between the Common Law courts and the Court of Chancery • To conclude on EQUITY: The Court of Chancery was merged into the Common Law courts, becoming the Chancery Division of the High Court by the Judicature Acts of 1873 and 1875.

7. Differences betwen Common Law and Roman Civil Law • Common Law is a law developed by custom • Common Law became codified as customary law • The “codification”

8. The methodological approach to codes and statutes • The principle of separation of powers • Sociological differences

9. The end THANKS FOR YOUR ATTENTION