What are the differences between common law and civil law governing international business?
The two main legal systems - common law and civil law - govern how international business is conducted. Common law originates in England and is based on previous court decisions, while civil law is based on written codes. Common law is based on precedent. A judge will look to previous cases with similar issues to come to a decision. This type of system is important in international business since without a precedent, a court wouldn’t be able to judge a case. Civil law takes a different approach. It is based on written codes that are meant to be applied to all cases. Common law is also more flexible and open to changes. Judges can interpret law based on current circumstances and can adapt to changing circumstances based on precedents. Civil law is far more rigid and doesn’t allow for much change. Changes would require amendments to the established codes or the creation of new codes. In Texas, civil law governs most aspects of international business. This means that any business disputes must be adjudicated according to the code in place. If a dispute needs to be litigated, the code must be followed to ensure fairness. Common law is also employed in certain cases in Texas in order to interpret contractual agreements. In this way, the two systems work together to ensure the protection of businesses and their interests.
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