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Romanian german legal system
1.
Romanian german legal system2. The Romano-German legal family is the term of comparative jurisprudence, which denotes a set of legal systems that were
originally created on the basisof the reception of Roman law and
united by the commonality of their
structures, sources of law, and the
similarity of the conceptual legal
apparatus
3. It unites the legal systems of all countries of continental Europe (including Russia) and is opposed to Anglo-Saxon law. The
mainsource of law is the law (normative legal act). It is characterized
by a clear branch division of the law. In turn, virtually all branches
of law are divided into two subsystems: private law and public
law, although the assignment of certain branches of law to any
one subsystem is highly controversial and often depends on the
legal regulation of the relevant industry in a particular state (for
example, labor law).
4. The sphere of public law includes administrative, criminal, constitutional and international public law. Private law includes
civil, family, labor and privateinternational law. In the system of state bodies, a clear
division into legislative and law enforcement authorities is
carried out. Lawmaking and legislation, as a function,
exclusively belong to the legislature. For most countries
of this family is characterized by the existence of a
written constitution.
5.
The Age of Enlightenment to the Present The next period in thedevelopment of the Romano-German legal family is
characterized by a strong influence of the natural law on the
legal doctrine of the countries of Europe and, as a
consequence, the strengthened development of legislation in
European countries and the codification of entire branches of
law. This period, starting from the XVII-XVIII centuries,
although it continues to the present time, however, undergoes
a significant transformation in recent times. It was at this period
that the law became the main source of Romano-German law.
The doctrine of the lack of law-making functions of the
sovereign was changed.
6.
One of the achievements of European science at thattime was the creation of complex legal documents
through the systematization of the norms of one
industry, namely codified acts. Codification made it
possible to streamline the current legislation, get rid of
obsolete archaisms.