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France has a Civil Law system. What major differences would you expect to find between the...

France has a Civil Law system. What major differences would you expect to find between the legal system in France and the U.S. legal system? Which of these do you think is the most important difference? NOTE - this does not require the use of the IRAC approach.

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France has a Civil Law system it means it has Roman origin in the legal system whereas America has general term laws related to case and American does not have Roman origin legal system. Key differences are as below

  • France has civil law in their legal system and US has common law in their legal systems. This common law is based on the English law system.
  • France follows the jurisprudence approach means they have the opportunity to understand the law after first decision and can make corrections where as US follow the precedent approach which means they do not have the opportunity correct the first understanding of the law and judge should respect to the first decision and should continue to follow the decision based on first understanding.
  • There is a major difference between the divorce law of France and America. America calls for 6 month time to away from spouse and France law calls for 2 year of time to be away from the spouse.
  • French legal system is not written down law and it is still considered to be the law. It is very confusing law at France.
  • Ruling by monarch is the key theme of France legal system and it is develop with this approach only and it is not a written law in France country.
  • Civil law are written based on the specific codes, where only legitimate enactments’ are considered as bindings in this France civil law.   
  • France has different court system like constitutional court, administrative court and civil courts. These do not available in US legal system.
  • France legal system provides low freedom for contracts whereas US legal system provide more freedom for contracts.

The most important difference is there approach in understanding the legal law and made decisions like the jurisprudence approach and the precedent approach.

France jurisprudence approach means they have the opportunity to understand the law after first decision and can make corrections where as US follow the precedent approach which means they do not have the opportunity correct the first understanding of the law and judge should respect to the first decision and should continue to respect and follow the decision based on first decision.

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