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ENGLISH COMMON LAW CONSULTANCY AND COURSES FOR CIVIL CODE LAWYERS

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Civil Code lawyers are often familiar with some of the English legal terminology and statutory provisions relating to their own specialist areas of legal practice such as, for example, banking and copyright.

However, this familiarity is not always supported by a wider general legal vocabulary or any real knowledge or understanding of the key elements and principles of English Common Law, the “building blocks” of the legal system.

Without a wide comprehensive knowledge of the legal terminology, how it is used, and how it forms an essential part of the general law, it is not possible to fully understand English statutes.   

Ignorance of Common Law concepts and terminology can be a handicap to fully understanding English law courses or text books on specialist subjects. For example, courses or publications on Loan Documentation or Intellectual Property will assume a basic knowledge of the Common Law. 

Such knowledge will also be of help in evaluating advice and opinions from English lawyers and seeking clarification with informed questions.

In his book:  “An Introduction to Comparative Law” (< Einführung in die Rechtsvergleichung>)*, Professor Hein Koetz of The University of Hamburg says:

"As yet there is no comprehensive codification of family law or the law of succession or the law of contract or the law of tort. For this purpose England still prefers special statutes which deal with particular questions, such as the law of matrimonial property, intestate succession, adoption, illegitimacy, administration of estates, or credit transactions, and even these statutes can be understood only against the background of the unwritten Common Law, for they use the concepts and categories and invariably presuppose the rights and doctrines which have been developed by the courts."
(Our italic lettering)

We provide clear comprehensive coverage of the essential elements of the Common Law system, its terminology, and its culture. 

We can offer in-house Consultancy on a regular or ad hoc basis and / or comprehensive courses.

This provides an insight into the way English lawyers and judges approach legal problems, and how this differs from the Civil Code approach. 

We cover substantive law, terminology and contract drafting. 

"An Introduction to Comparative Law" by K. Zweigert and H. Koetz: 3rd Edition published 1998 © Oxford University Press and J. C. B. Mohr (Paul Siebeck) by permission of Oxford University Press. This English edition is translated by Tony Weir, Fellow of Trinity College, Cambridge.

 

DO YOU KNOW?  

  1. In what circumstances is a company "vicariously" liable? What does this mean and what are the criteria for its application?

  2. What do the words "Subject to Contract" mean and why do English solicitors sometimes put these words at the top of a letter?

  3. What are "Without Prejudice" negotiations and why are negotiations conducted on this basis?

  4. If an English solicitor is talking about the "domicile" of his client, John Smith, is he referring to Mr. Smith's flat?

  5. Under English Law, is there a requirement to negotiate "in good faith"? What does this mean?

  6. Why isn't a "penalty clause" always enforceable under English Law?

  7. There is a Common Law duty to "mitigate" your loss. To whom would this apply and why?

  8. "Damages" and "Damage". What's the difference?

  9. An agent is sometimes said to have "apparent" or "ostensible" authority.  What does this mean?
     

  10. What is "advocacy" ?

 


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