What are the differences between civil law and common law in international litigation?

The main difference between civil law and common law in international litigation is the type of system that they originate from. Civil law is based on a system of codified laws known as the civil code. This means that it is a set of laws that is written down and codified in a single document. On the contrary, common law is based on a system of judge-made law, or case law, which means that it relies on decisions made by judges in earlier court cases. This means that the law is not codified in one document and is instead accumulated over time by the rulings of judges in different cases. The outcomes of litigations in these different systems can also be somewhat different. Civil law typically requires a stricter adherence to the laws stated in the civil code. It is important to note, however, that these laws may be interpreted by the court, circumstances may affect the outcome of litigations in civil law systems. Whereas litigations in common law systems may have more flexibility and room for interpretation due to the importance of case law in its system. When it comes to international litigation, the differences between civil law and common law systems can become particularly important when it comes to which set of laws will be applied to the dispute. In international litigations, it is often up to the court to determine which legal system will be used in the dispute. It is important that parties in international disputes consider these differences in order to be better prepared to address their dispute.

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What are the differences between civil law and common law in international litigation?

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