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Dispute resolution: adversarial system and inquisitorial system

Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan (2020) Dispute resolution: adversarial system and inquisitorial system. In: Alternative dispute resolution: law & practice. CLJ Publication, Ampang, Selangor, pp. 1-26. ISBN 978-967-457-144-3

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Abstract

The civil law system (sometimes known as ‘Continental European law’) which has existed since time immemorial, is commonly exercised in many countries in Europe, Asia, Africa and South America. The most credible example of civil law recorded in history was the Code of Hammurabi which approximately dates back to 1795-1750 BC. It was further developed during the Roman Empire and evolved into a series of codes across Europe such as the Civil Code of Napoleon, the German Civil Code and the Italian Civil Code.1 The obvious feature in the civil law system is that its ‘core principles are codified into a referable system which serves as the primary source of law.’ Legal rules are codified in the form of statutes enacted by a competent legislative body which forms the primary source of law. These statutes basically deal with all possible matters which could be brought before a court, the applicable procedures for proceedings and the appropriate punishment for offences.

Item Type: Book Chapter
Additional Information: 2924/78639
Uncontrolled Keywords: Alternative dispute resolution
Subjects: K Law > K Law (General)
K Law > K100 Legal Education
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Dr Ashgar Ali Ali Mohamed
Date Deposited: 24 Mar 2020 07:34
Last Modified: 24 Mar 2020 07:34
URI: http://irep.iium.edu.my/id/eprint/78639

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