The difference between common law and civil law.docxVIP

Key Features of Common Law or Civil Law Systems?Under?Sources of Law?we explained that some countries will apply greater weight to certain sources of law than others, and that some will put more emphasis on judicial decisions than others.?There are two main types of legal system in the world, with most countries adopting features from one or other into their own legal systems, Common Law and Civil law.??For an?inexhaustive?list of the countries with common law and civil law systems, go to the??Legal Systems of the World on?Wikipedia?This section looks at key features of each system and?highlights areas which of particular relevance to PPP projects:?Common Law SystemCivil Law SystemSummary of Differences between Civil law and Common law legal systemsCivil Law Systems - Key Administrative Jurisprudence that can impact PPP arrangementsOther Civil Law rules that can?impact?PPP arrangementsConcept of Concession as Understood in France - summary??Common Law System?Countries following a common law system are typically those that were former British colonies or protectorates, including the United States.Features of a common law system include:There is not always a written constitution or codified laws;Judicial decisions are binding – decisions of the highest court can generally only be overturned by that same court or through legislation;Extensive freedom of contract - few provisions are implied into the contract by law (although provisions seeking to protect private consumers may be implied);Generally, everything is permitted that is not expressly prohibited by law.?A common law system is less prescriptive than a civil law system. A government may therefore wish to enshrine protections of its citizens in specific legislation related to the infrastructure program being contemplated. For example, it may wish to prohibit the service provider from cutting off the water or electricity supply of bad payers or may require that documents related to the transaction be discolsed und