Concepts that mark the civil law tradition against the common law: jurisprudence constante, obrogation, the patrimony of affectation, quasi-delict, the idea of a European civil code and customary land tenure. A doctrine belongs here when its cited article describes a civil law concept used in comparison. It excludes comparative method and public international law. These are the terms a common law reader meets as foreign vocabulary, and each one is admitted when the cited article presents it as a feature of civil law or of a codified system.
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Civil Law Concepts in Comparison
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Jurisprudence constante (Wikipedia)
Has Member: Jurisprudence constante, Introduction, sentences 1-2Quote, Has Member: Jurisprudence constante, Introduction, sentences 1-2
Jurisprudence constante (French for "stable jurisprudence", or literally, "constant jurisprudence") is a legal doctrine according to which a long series of previous decisions applying a particular legal principle or rule is highly persuasive but not controlling in subsequent cases dealing with similar or identical issues of law. This doctrine is recognized in most civil law jurisdictions as well as in certain mixed jurisdictions such as Louisiana.
Obrogation (Wikipedia)
Has Member: Obrogation, Introduction, sentence 1Quote, Has Member: Obrogation, Introduction, sentence 1
In civil law, obrogation (Latin: obrogat from obrogare) is the modification or repeal of a law in whole or in part by issuing a new law.
Patrimony of affectation (Wikipedia)
Has Member: Patrimony of affectation, Introduction, sentence 1Quote, Has Member: Patrimony of affectation, Introduction, sentence 1
In certain civil law jurisdictions (e.g., France, Quebec, Mexico, etc.), the patrimoine d'affectation is property, assets, or a legal estate that can be divided for a fiduciary purpose, as being distinct from a person's general assets.
Quasi-delict (Wikipedia)
Has Member: Quasi-delict, Introduction, sentence 1Quote, Has Member: Quasi-delict, Introduction, sentence 1
Quasi-delict is a French legal term used in some civil law jurisdictions, encompassing the common law concept of negligence as the breach of a non-wilful extra-contractual obligation to third parties.
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