Legal Definitions - Romanesque law

Romanesque law refers to a legal system that originated from ancient Roman law and is characterized by its reliance on comprehensive, systematically organized written codes as the primary source of law. It is often used interchangeably with the term civil law system (as opposed to common law systems).

In a Romanesque law system, fundamental legal principles, procedures, and remedies are codified into statutes, which are then applied by judges. Judges in these systems primarily interpret and apply the existing codes rather than creating new law through judicial precedent, as is common in other legal traditions. This system is prevalent in continental Europe, Latin America, and many parts of Asia and Africa.

• Example 1: Contract Dispute in France

  Imagine two companies, one based in France and another in Germany, enter into a contract for the sale of specialized machinery. A dispute arises regarding the quality of the delivered goods. Since both France and Germany operate under Romanesque (civil) law systems, and assuming French law governs the contract, a French court would resolve the dispute by referring directly to the articles of the Code Civil (Civil Code) and other relevant statutes concerning contracts, sales, and liability. The judge's primary task would be to interpret and apply these codified rules to the facts of the case, rather than searching for previous court decisions (precedents) as the main source of legal authority.

• Example 2: Inheritance in Brazil

  Consider a situation where a person passes away in Brazil without leaving a will. Under Brazil's Romanesque legal system, the distribution of the deceased's assets (the estate) would be determined strictly according to the provisions outlined in the Brazilian Civil Code. This code systematically defines who the legal heirs are (e.g., spouse, children, parents), their order of priority, and the specific proportions of the estate each is entitled to receive. The process is a direct application of these codified rules, ensuring a predictable and standardized approach to inheritance.