In Andorra, sources of customary law include canon law, canon law of the Catholic Church, Castilian law, French law and Roman law. Andorra was invaded at different times in its history and under the control of other European powers, and the Andorran legal system now reflects elements of each intruder`s laws. Today, Andorra is a parliamentary co-principality between the President of the French Republic and the Roman Catholic Bishop of Catalonia (Urgell). Andorra also has an elected parliament that can enact new laws.52 In civil justice systems, judicial proceedings are investigations conducted by the court to determine how the facts fit into the already established codes applicable to the situation. The judicial system is designed in such a way that the jurisdiction of each court is a specific type of code: tax courts, administrative courts, maritime courts, constitutional courts, etc. However, some of these legal systems are often and more correctly described as hybrid: common law system based on the English model; Separate personal codes apply to Muslims, Christians and Hindus; judicial review of legislative acts; Note – In late 2019, the Indian government began talks to revise its penal code, which dates back to British colonial times. Here are some key differences between common law and civil law jurisdictions. The common law is based on past traditions, practices and precedents created by the courts through the interpretation of statutes, legal statutes and previous judgments. The common law seeks to “interpret by previous decisions of superior courts interpreting the same statutes or applying established and customary principles of law to a similar situation.” The system is more inquisitorial than adverse. The trial consists of a series of sessions, hearings and written communications during which the judge testifies. The judge prepares the issues to be decided on the basis of discussions with the parties. Generally, the judge questions witnesses and may include or exclude any questions submitted by lawyers when preparing questions.
Finally, the judge decides the issues and gathers evidence before announcing a decision.48 It is only at the last hearing that lawyers and parties argue before the judge. If there is a jury, its members are usually not recruited from the public, but selected on the basis of their expertise in the respective field. While ordinary juries are rare in civil justice systems, they are increasingly used in serious criminal cases. civil law system based on Portuguese civil law; No judicial review of legislation A treaty which takes up a basic administrative principle and specifies exactly how it is to be applied will normally be effective. But the modification or deletion of an administrative principle may or may not be legally possible – this should be checked. For example, it may not be possible to completely eliminate the ability of a contracting authority to unilaterally change service standards. In France, the law prohibits any attempt to suspend the contracting authority`s ability to unilaterally terminate a contract. Some civil codes also provide for mandatory notice periods in the event of breach of contract, which cannot be avoided or cancelled. civil law system based on Western European legal systems; Note – In mid-2015, Argentina adopted a new Civil Code, replacing the former mixed legal system of Portuguese civil law and customary law, which had been in force since 1871. Note – in rural areas, can be applied predominantly Muslim villages without formal legal system, Islamic law can be applied There are five basic types of legal systems in the world.