Ius commune in the context of "Law of Portugal"

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⭐ Core Definition: Ius commune

Jus commune or ius commune is Latin for "common law" in certain jurisdictions. It is often used by civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law. While the ius commune was a secure point of reference in continental European legal systems, in England it was not a point of reference at all. (Ius commune is distinct from the term "common law" meaning the Anglo-American family of law as opposed to the civil law family.) The phrase "the common law of the civil law systems" means those underlying laws that create a distinct legal system and are common to all its elements.

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👉 Ius commune in the context of Law of Portugal

The Law of Portugal is part of the family of what in English-speaking countries are sometimes called the "civil law" legal systems, referring to legal systems that developed at least in conversation or close ties with systems influenced by the ius commune medieval European tradition of Roman law (however, Scandinavian legal systems are often counted as such, despite the former not penetrating in influence, as opposed to local North Germanic customary law). As such, it has many common features with the legal systems found in most of the countries in Continental Europe.

Along its history, the law practiced in Portugal started to be based in the customary law of the indigenous peoples that initially occupied the region, that was later influenced by the Roman and Visigothic laws. From the 13th until the 18th centuries, the main influence was the Justinian and Canon laws. In the 18th century, the main influence started to be the natural law.

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Ius commune in the context of Roman-Dutch law

Roman-Dutch law (Dutch: Rooms-Hollands recht, Afrikaans: Romeins-Hollandse reg) is an uncodified, scholarship-driven, and judge-made legal system based on Roman law as applied in the Netherlands in the 17th and 18th centuries. As such, it is a variety of the European continental civil law or ius commune. While Roman-Dutch law was superseded by Napoleonic codal law in the Netherlands proper as early as the beginning of the 19th century, the legal practices and principles of the Roman-Dutch system are still applied actively and passively by the courts in countries that were part of the Dutch colonial empire, or countries which are influenced by former Dutch colonies: Guyana, South Africa (and its neighbours Botswana, Lesotho, Namibia, Eswatini (formerly Swaziland), and Zimbabwe), Sri Lanka, Indonesia, Suriname, and the formerly Indonesian-occupied East Timor. It also heavily influenced Scots law. It also had some minor impact on the laws of the American state of New York, especially in introducing the office of Prosecutor (schout-fiscaal).

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