Cambodian Society of Comparative Law
International Symposium
Comparing Laws Across Borders
My Law, Your Law, Our Laws
March 14-15, 2009
RULE, Nagoya, and PUC
Comparative Law in the New Century and Its Prospect for the Future
March 14, 2009
By Chea Sophal
Phnom Penh (Cambodia): March 14, 2009, Royal University of Law and Economics, Pannasastra University, and Nagoya University conducted a two-day international symposium from 14 to 15 March 2009 at both RULE and PUC Conference Rooms. This Conference is supported by Japan Jurists League of Cambodia, the Kamernori Foundation, and CIM/Konrad Foundation.
Professore Kaino Michiatsu pointed out that Comparative Law is one part of the studies in jurisprudence to compare two or more different legal systems (legal systems or legal families) or to compare the whole or a part of different legal systems to clearly identify the differences.
In modern world, it is considered that two legal systems exist, namely the Roman Law and the Common Law. However, there exist other legal systems such as the Islamic Law, the Hindi Law, the Extreme Oriental Law, etc., said the Professor.
What is Common Law?
Broadly speaking, common law has three meanings (Ref. Kaino nad Hirowatari, “Foreign Law and Kaino (ed)” “Dictionary of English Law”). First, it is a legal system in contrast to the Roman Law or the European continental law (the civil law). Second, it means case law as different from the codified law. Third, it means common law in narrow terms contrasting with equity.
Common law as a legal system is related to the rule by the British Imperalism. In this regard, it is similar to the situation of colonial rules by France and Germany.
Limits and Development of the Theory of Legal Systems
The theory of legal system (legal families) constitutes the mainstream methodology of comparative law.
In the formation of Cambodia law, it is necessary to have tradition, custom, religion, morality, legal techniques, and the format of an overall system in order to make use of this comparative law based on theories of legal systems.
Under the French protectorate, Cambodia adopted a civil code which took after the French civil code of the 1920s. Since application of the code has been disrupted during the Pol Pot regime, the recent adoption of the new Cambodian Civil Code is a completely new attempt.
Professor Kaino emphasized that Cambodia in making its own Civil Code should also pay more attention to the current movements in Europe since the “Principles of European Contract Law” have been established by the Lando Commission. But this is not related to the official institutions of the EU. However, the European Parliament and the European Commission are taking the unification of laws in civil matters seriously and are relying on the work by this network of legal scholars.
International Symposium
Comparing Laws Across Borders
My Law, Your Law, Our Laws
March 14-15, 2009
RULE, Nagoya, and PUC
Comparative Law in the New Century and Its Prospect for the Future
March 14, 2009
By Chea Sophal
Phnom Penh (Cambodia): March 14, 2009, Royal University of Law and Economics, Pannasastra University, and Nagoya University conducted a two-day international symposium from 14 to 15 March 2009 at both RULE and PUC Conference Rooms. This Conference is supported by Japan Jurists League of Cambodia, the Kamernori Foundation, and CIM/Konrad Foundation.
Professore Kaino Michiatsu pointed out that Comparative Law is one part of the studies in jurisprudence to compare two or more different legal systems (legal systems or legal families) or to compare the whole or a part of different legal systems to clearly identify the differences.
In modern world, it is considered that two legal systems exist, namely the Roman Law and the Common Law. However, there exist other legal systems such as the Islamic Law, the Hindi Law, the Extreme Oriental Law, etc., said the Professor.
What is Common Law?
Broadly speaking, common law has three meanings (Ref. Kaino nad Hirowatari, “Foreign Law and Kaino (ed)” “Dictionary of English Law”). First, it is a legal system in contrast to the Roman Law or the European continental law (the civil law). Second, it means case law as different from the codified law. Third, it means common law in narrow terms contrasting with equity.
Common law as a legal system is related to the rule by the British Imperalism. In this regard, it is similar to the situation of colonial rules by France and Germany.
Limits and Development of the Theory of Legal Systems
The theory of legal system (legal families) constitutes the mainstream methodology of comparative law.
In the formation of Cambodia law, it is necessary to have tradition, custom, religion, morality, legal techniques, and the format of an overall system in order to make use of this comparative law based on theories of legal systems.
Under the French protectorate, Cambodia adopted a civil code which took after the French civil code of the 1920s. Since application of the code has been disrupted during the Pol Pot regime, the recent adoption of the new Cambodian Civil Code is a completely new attempt.
Professor Kaino emphasized that Cambodia in making its own Civil Code should also pay more attention to the current movements in Europe since the “Principles of European Contract Law” have been established by the Lando Commission. But this is not related to the official institutions of the EU. However, the European Parliament and the European Commission are taking the unification of laws in civil matters seriously and are relying on the work by this network of legal scholars.
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