Temario 1 Sistemas JuriÌdicos (EXAMEN).pdf Flashcards
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Temario 1 Sistemas JuriÌdicos (EXAMEN).pdf Flashcards
Temario 1 Sistemas JuriÌdicos (EXAMEN).pdf Flashcards
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What is comparative law?
Comparative law is defined as a discipline that confronts the similarities and differences between legal systems in the world to understand and improve the legal system of a specific state.
What is the purpose of comparing legal systems?
The comparison of legal systems is a useful tool to learn from foreign experiences and adopt or adapt the best practices in a country.
What are the classifications of legal systems into legal families?
1. Neorromanista or Civil Law: Based on Roman law, predominant in Continental Europe and Latin America, including Mexico. 2. Common Law: In effect in countries like the United Kingdom and the United States, where jurisprudence and judicial precedents play an essential role. 3. Religious Systems: For example, Islamic or Muslim law based on the Quran and other religious texts. 4. Mixed or Hybrid Systems: Where various legal systems converge, such as in South Africa or Israel.
What is the objective of legal comparison?
The objective of legal comparison is not only academic but practical since it allows for the improvement of national legislation through the adoption of better practices from other countries.
What characteristics define the Mexican legal system?
The Mexican legal system belongs to the Neorromanista family due to its origin in Roman law through Spanish colonization. It is characterized by being codified, meaning its norms are organized in codes that regulate different branches of law such as civil, penal, and commercial.
What is the significance of the 1917 Constitution in Mexico?
The Constitution of 1917 is the supreme norm and all other laws must align with it. This forms the basis of constitutional control, allowing for the review and annulment of laws contrary to the Constitution.
What is 'control de convencionalidad'?
Control de convencionalidad is a constitutional reform from 2011 in Mexico that means international human rights treaties have a high hierarchy and must be applied in cases that favor the protection of human rights.
What is the role of jurisprudence in the Mexican legal system?
Although it is a civil law system, the use of jurisprudence and precedents from the Supreme Court of Justice of the Nation in some cases is an important characteristic, providing flexibility to adapt to new or changing situations.
What are the main periods of development in Roman law?
Roman law developed over three main periods: monarchy, republic, and empire.
What key influences shaped the Spanish legal system?
The Spanish legal system is profoundly influenced by Roman law, Germanic law, and canon law. During the Middle Ages, Spain was a crossroads of different cultures and legal systems, including Islamic law during the Arab occupation and Germanic law from the Visigoths.
What was the significance of the Corpus Iuris Civilis in the Spanish legal system?
The reception of Justinian law during the Middle Ages through universities and studies of the Corpus Iuris Civilis helped consolidate common law, which later served as the basis for the creation of important codes such as the Fuero Juzgo and the Laws of the Indies.
When was the Spanish Civil Code adopted, and what was its influence?
Spain adopted the Civil Code in 1889, which served as a model for many Latin American countries, including Mexico and Argentina.
What characterizes the legal system of Great Britain?
The legal system of Great Britain belongs to the common law family, developed from customary law and local customs in the UK following the Norman conquest of 1066.
What is the most influential example of the Neorromanista family?
The French legal system is one of the most influential examples of the Neorromanista family, particularly due to the creation of the Napoleonic Code in 1804.
What are the main features of the Napoleonic Code?
The Napoleonic Code is characterized by its simplicity, clarity, and focus on equity, making it easily applicable and adaptable in other legal contexts.
How is law organized in France?
In France, the law is mainly organized in codes, and the sources of law include the Constitution, codes, laws, jurisprudence, and doctrine.
What impact did the French codification have on other countries?
France was a pioneer in the systematic codification of law, and its influence was such that many European and Latin American countries adopted or adapted the Napoleonic Code as the basis for their own legal systems, including Mexico and Spain.