Continental legal system
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ki/Corpus_Juris_Civilis> of Emperor Justinian , though partly rivaled by feudal Common law. In England, it was taught academically at Oxford and Cambridge, but underlay only probate and matrimonial law, inherited by canon law when secularized, and maritime law, adapted from the law merchant through the Bordeaux trade. Consequently, neither of the two waves of Romanism completely dominated in Europe. Roman law was a secondary source that was applied only when local customs and laws were found lacking on a certain subject. However, after a time, even local law came to be interpreted and evaluated primarily on the basis of Roman law (it being a common European legal tradition of sorts), thereby in turn influencing the main source of law. Eventually, the works of Civilian glossators and commentators led to the development of a common body of law and writing about law, a common legal language, and a common method of teaching and scholarship, all termed the jus commune, or law common to Europe, which consolidated canon law and Roman law, and to some extent, feudal law.
2.1 Codification
which have defined an important role of the law as the basic source romano-German, have caused also possibility, necessity of codification of the right. By codification the right is resulted in system, it appears as though penetrated by certain principles. Codification gives to the right definiteness and clearness, considerably facilitates its practical use and is logical end of the understanding which has developed in continental Europe of the rule of law and the right as a whole. Codification finishes formation of the romano-German legal system as complete phenomenon.
An important characteristic, beyond Roman law foundations, is the extended codification of the adopted Roman law, i.e. its inclusion into civil codes .
.2 Sourses of the right
M. N in his work defines the general sources of the right for the legal systems, which are entered into Romano-German a legal family:legal acts led by the law.Romano-German countries of a legal family, it is considered that for the lawyer the best way of an establishment of the fair decision corresponding to the right is the reference to the law.in judgements the importance of the law in the romano-German legal system becomes obvious that to the judge in decision-making the supporting role is taken away. Actions of the judge here is better are defined by the term "submission to the law, i.e. his tusk is reduced to search and application of that rule of law which in the best way describes a disputable situation. all countries of the romano-German legal family there are hand-written constitutions behind which norms the higher legal authority expressed and admits in establishment of judicial control over constitutionality .to V.Knappa, some countries have refused judicial control over constitutionality of laws, for example the Netherlands, France where it was promoted by the reasons historical matters.estimate the practical importance of judicial control over constitutionality of laws, it is necessary to consider various factors. So, scales of this control it is, less, if the constitution concerns the category nonrigid, rather easily changed. These scales will be less and in those countries where the right to suspend the constitution is given executive power. Told concerns many countries of Africa and America. the majority of the continental countries are accepted and operate civil (either civil or trading), criminal, grazhdansko-remedial, criminally-remedial and some other codes. concept of norms accepted in a legislative order recognizes that in this system of norms containing the norms not only in certificates, accepted by a legislature, but also in the certificates proceeding from executive - administrative and administrative bodies. various countries of the Romano-German right character and the name of certificates far aren't identical. For example into France except laws in system of is standard - legal certificates enter the certificates published according to item 37 of the Constitution of France, on questions, not entering into legislation sphere. Besides to a kind of sources of the right concern ordonances- certificates Constitutions of France accepted according to item 38 the government (Ministerial council), Constitutions of the states of the European Unio