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Among the codes that Spain enforced in the Philippines were the Spanish Civil Code and the Penal Code. The practice of codification was retained during the period of American colonial period, even though the United States was a common law jurisdiction. At the time, many common law principles found their way into the legal system by way of ...
Owing to the unique history of the Philippines, its legal system is an equally unique blend of civil law (Spanish law), common law (American law), and, especially in Mindanao, Shariah law. Below is a list of Philippine legal terms:
Guyana follows a mixed legal system, a combination of civil law & common law. [49] India: In post-independence India, the Uniform Penal Code throughout India and civil code to residents of Goa. The Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act, 2023 amendment bills with minor changes.
The Philippine legal system is an amalgamation of the world's major systems. These systems include Roman civil law which was inherited from Spain; the Anglo-American common law which were derived from the laws of the United States; and Islamic law, otherwise known as the Sharia law, of the Muslim world.
Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression "civil law" is a translation of Latin jus civile, or "citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples (jus gentium); hence, the Justinian Code's title Corpus Juris Civilis.
The Philippine legal system is a hybrid form based on the Spanish civil law and American common law system, [32]: 304–305 with a system of Sharia law in place for some areas of law involving Muslims. [33] [26]: 10874
This the Civil Code itself notably recognises in saying that "[j]udicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines" (Article 8, Civil Code), a recognition of the eminent role now played by precedents in Philippine law. The Civil Code is divided into four “books ...
One common division is between the civil law tradition and the common law tradition, which covers most modern countries that are not governed by customary law or Islamic law or a mixed system. The distinction between civil law and common law legal systems has become less useful over time as the two groups have become more similar to one other ...