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155 Poredbeno Pomorsko Pravo 7 (2001)
Civil Law and Common Law: Two Different Paths Leading to the Same Goal

handle is hein.journals/poredmv155 and id is 16 raw text is: CIVIL LAW AND COMMON LAW: TWO DIFFERENT PATHS LEADING TO THE SAME GOAL Dr. sc. Caslav Pejovi* UDK 340.5 Associate Professor of Original scientific paper Private International Law, Received: 27 November 2000 Kyushu University, Japan I. Introduction II. Civil Law and Common Law Compared III. Substantive Law IV Civil Procedure V. Rapprochement of Common Law and Civil Law VI. Conclusion There are many ways to skin the cat (English saying) I. INTRODUCTION In comparative law, there are many situations where the same legal term has different meanings, or where different legal terms have same legal effect. This can often cause confusion to both lawyers and their clients. This confusion most often occurs when civil lawyers have to deal with common law, or vice versa, when common law lawyers deal with civil law issues. While there are many issues which are dealt with in the same way by the civil law and common law systems, there remain also significant differences between these two legal sys- tems related to legal structure, classification, fundamental concepts, terminolo- gy, etc. I am grateful for useful comments and suggestions to Lorenz Kodderitzsch, Mark Fenwick, Takuya Hatta and Stefan Vogl. Naturally I remain liable for all eventual errors in this paper. 7