Legal Doctrine in Civil Law
Civil law systems, also called continental or Romano-Germanic legal systems, are present on all continents and cover about 60% of the world. They are based on concepts, categories and rules derived from Roman law, with some influence from canon law, sometimes largely supplemented or modified by local customs or culture. The tradition of civil law, although secularized over the centuries and more focused on individual freedom, promotes cooperation among peoples. See an interactive map of the world`s legal systems. In its narrow technical sense, the term civil law describes the law that designates persons, things and relationships that develop between them, to the exclusion not only of criminal law, but also of commercial law, labor law, etc. Codification took place in most civil law countries, with the French Civil Code and the German Civil Code being the most influential civil codes. This chapter examines whether the civil courts of the world have doctrines that allow courts to refuse to exercise their jurisdiction if it otherwise exists. Particular attention is paid to Germany, Japan and the rules developed by the Brussels Regulation in the European Union. The development of legislation in Latin American countries to counter the application of the doctrine of forum non conveniens in the United States is also discussed.
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