National legal systems in Elezia: Difference between revisions
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|Cittasanta follows Canon Law, which is based on Catholic religious law but operates a mature civil law system comprised | |Cittasanta follows Canon Law, which is based on Remillian Catholic religious law but operates a mature civil law system comprised of codes, courts, and judges. | ||
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Revision as of 16:23, 24 January 2024
Multiple legal systems coexist within Elezia, although they generally draw from four major juridical traditions: civil, common, customary, and religious.
Summary table
Civil Law
Common Law
Customary Law
Religious Law
Bijuridical (Civil and Common)
Bijuridical (Common and Customary)
Bijuridical (Customary and Religious)
Bijuridical (Civil and Religious)
Bijuridical (Civil and Customary)
Bijuridical (Common and Religious)
Multijuridical
Key | Country | Description |
---|---|---|
Cittasanta | Cittasanta follows Canon Law, which is based on Remillian Catholic religious law but operates a mature civil law system comprised of codes, courts, and judges. | |
Costa d'Oro | The national jurisdiction of Costa d'Oro is founded on Vermandois civil law. However, some charter cities' local judiciary systems are based on common law. | |
Vermand | Vermand follows Vermandois civil law. |
Civil law
Civil law is a legal system originated from Vermand and Remillia and prevalent in much of Elezia. It distinguishes itself from other legal systems due to its emphasis on codification and its aim towards exhaustive legislation. While other traditions, such as common or customary law, address legal disputes on a case by case basis by relying on different sources to written law, civil law intends to solve them through the exclusive remittance to statutory law. Judiciary interpretation and non-codified customs fulfill a role in most civil law jurisdictions, although they are strictly subordinate to written law and only aid in its interpretation and concrete application. This is in contrast to common law, where certain matters are consciously reserved to the courts, as well as to customary law, where widely accepted customs are enshrined as a legal source akin to, and not merely subservient to, statutory law. Due to these features, civil law does not recognize past rulings of court (precedent by courts) as legally binding other than them being informally indicative of how a particular law is likely to be interpreted in the future.
Vermandois civil law
Vermandois civil law is one of the most extended sub-variants of civil law in Elezia. It dates back to the early 19th-century Vermandois Civil Code, one of the first of its kind since Remillian law came into disuse. This code helped popularize codification in Parthenia and thus inspired many of the codes that were written in the following decades. Vermandois civil law differs from its counterparts since its codes formulate general precepts in simple language that are often supplemented by specialized legislation. The civil codes of other traditions frequently feature lengthier articles that seek to be as exhaustive as possible, removing the need for many of the external laws.
Nowadays, Vermandois civil law is present in Vermand and Costa d'Oro.
Common law
Common law is a legal system tracing its origin to the rule of the Orange dynasty in Angland, during the Upper Middle Ages. Its defining feature is that it perceives the past decisions of courts as legally binding in a manner analogous to written law, abiding by the doctrine of stare decisis. Judiciary decision-making is consequently defined as a process by which a body of law is created, rather than an endeavor by which statutory law is interpreted, in common law jurisdictions. Although legislatures exist in common law jurisdictions, it is not always the case that they can overturn established legal precedent. Statutes almost always override case law by default, but the courts can at times invalidate certain provisions as contrary to the constitution or otherwise modify its scope of application to be compatible with it.