Navigating French Civil Law: A Guide for Professionals
What Is French Civil Law?
French Civil Law, also known as "droit civil," serves as the foundation of the legal system in France, shaping the rights and responsibilities of individuals and legal entities. It differs significantly from the common law approach used in the UK, covering all areas of law, including property, taxes, and family law. For UK nationals planning to move to France, navigating French law may pose a challenge, especially considering its unique legal system.
The significance of the distinct French civil law system becomes even more important for legal professionals. Their task extends beyond merely understanding the law; they must also grasp how the system functions. For UK nationals contemplating property purchases in France or considering relocation, their legal professionals must be well-versed in the French legal system.
This guide to French civil law aims to assist you in comprehending France's approach to legal matters, providing an essential entry point for those looking to navigate the intricacies of the French legal system.
Difference Between Civil Law and Common Law
Civil law and common law are two major legal systems used worldwide. For legal professionals working across the UK and France, understanding the difference is essential as the UK operates under a common law system whilst France uses civil law.
Here's an overview of each system and the key differences between civil law and common law:
What is Civil Law?
Civil law, also known as Roman or Continental law, is a legal system derived from Roman law and codified in a comprehensive written set of laws and statutes. The primary feature of civil law systems is the codification of laws.
1. Codification: Laws are systematically written and codified into a comprehensive legal code.
2. Inquisitorial System: Judges often take an active role in investigating cases and gathering evidence
3. Legal Principles: Decisions are based on interpreting and applying legal codes and statutes rather than precedent.
Civil law systems are prevalent in continental Europe, Latin America, Asia, and parts of Africa.
What is Common Law?
Common law, also known as case law or precedent law, is a legal system developed through judicial decisions and precedents. It relies heavily on past judgments to guide current and future decisions.
1. Precedent: Legal decisions and judgments from prior cases serve as binding or persuasive authority for current and future cases.
2. Adversarial System: Legal proceedings involve parties presenting their cases, and judges act as neutral referees.
3. Judicial Independence: Courts play a significant role in interpreting and applying the law.
Common law systems are used in the UK, Canada, Australia, India, and several other countries influenced by British colonial history.
Key Differences Between UK Common Law and French Civil Law
Source of Law
Civil Law: Derived from comprehensive written legal codes and statutes.
Common Law: Developed through judicial decisions and precedent.
Role of Judges
Civil Law: Judges play an active role in investigating cases and applying the law.
Common Law: Judges act as impartial referees, interpreting and applying the law based on precedent.
Flexibility
Civil Law: Less flexible due to the codification of laws.
Common Law: More flexible, allowing for adaptation and evolution through judicial decisions.
Legal Education
Civil Law: Legal education often focuses on statutes and codes.
Common Law: Emphasises case law and the development of legal reasoning.
Role of Precedent
Civil Law: Precedent is not a binding source of law.
Common Law: Precedent is a fundamental source of law, binding on lower courts and often persuasive.
Understanding these fundamental differences is essential for legal professionals operating across jurisdictions with different systems.
Civil Law is the Building Block of All French Law
French law operates on a robust system of well-crafted statutes. In contrast to the UK, where past decisions of higher courts guide the application of laws, France strongly emphasises the direct interpretation of written laws. Consequently, French lawyers must possess a comprehensive understanding of the intricacies of the law.
The civil law system in France is all-encompassing, influencing various aspects of French law, including French property law, French tax law, French family law, French succession law, and more. Unlike in the UK, French lawyers cannot rely on precedent or previous court decisions to build their case. Instead, they must navigate and interpret the statutes directly to ensure accurate legal representation.
Speak to a French-Qualified Notaire
France Tax Law specialises in cross-border matters, bringing extensive knowledge and experience to navigate the complexities of UK and French legal systems. We have a deep understanding of the interplay between French and UK law, providing invaluable assistance to UK nationals on various legal matters such as purchasing property in France, relocating to France, establishing a business in France, getting married (or divorced) in France, and more. Speak to our French-speaking, French-qualified notaire today to discover how we can assist you.