Civil law system in the context of "Mortgage law"

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⭐ Core Definition: Civil law system

Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's Bürgerliches Gesetzbuch (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries.

The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognizing prior court decisions as legally binding precedent.

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👉 Civil law system in the context of Mortgage law

A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan. Hypothec is the corresponding term in civil law jurisdictions, albeit with a wider sense, as it also covers non-possessory lien.

A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower.

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Civil law system in the context of Superior court

In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts (see court of appeal). For courts of general jurisdiction in civil law system, see ordinary court.

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Civil law system in the context of High court

High court is a name for a variety of courts, often with jurisdiction over the most serious issues.

For countries with a civil law system, the term 'high court' usually refers to an appellate court dealing with first stage of appeal from a trial court, serving as an intermediate body before appeal to the constitutional court, court of cassation, supreme court, or other highest judicial body.

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LINKED FROM (PARENTS)
← Superior court ← Mortgage law ← High court
LINKS TO (CHILDREN)
List of national legal systems → Roman Empire → Napoleonic Code → Bürgerliches Gesetzbuch → Common law → Precedent → Code of law → Medieval England → Case law →