Civil Law

Presentation on
Impact of Civil Law in Nepalese

Legal System
By
Anita Bhandari
Jevina Pradhan
B.A.LL.B(1st year)
Table of content
Introduction of Civil law
Characteristics of Civil law system
Nepalese legal system
Impact of Civil law in Nepalese Legal System
Conclusion
CIVIL LAW
 Civil law is the group of legal ideas and systems ultimately
derived from the Code of Justinian, but heavily overlaid by
Germanic, canon-law, feudal, and local practices, as well as
doctrinal strains such as natural law, codification, and
legislative positivism.
 Civil law proceeds from abstractions, formulates general
principles and distinguishes substantive rules from procedural
rules.
 It holds case law to be secondary and subordinate to statutory
law, and the court system is usually inquisitorial, unbound by
precedent, and composed of specially-trained, functionary
judicial officers with limited authority to interpret law.
Characteristics of civil law
• Civil law is that law which are written into a collection and
codified and not determined, as in common law, by judges.
• It is based on roman law, especially the corpus juris civilis of
emperor Justinian.
• Extended codification of the adopted Roman law.
• To provide all citizens with an accessible and written
collection of the laws.
• Most prevalent and oldest surviving legal system in the world.
• Civil law is more widely distributed and in many ways more
influential than the common laws.
Introduction
Nepalese Legal System
 The legal system of Nepal has been developed through two stages.
1.Era of unmodified law
2.Era of codified law
1.Era of unmodified law
Belongs to the Kirat Era , Lichhavi Era, Malla Era and Shah Era prior to
1853 A.D.
Customs, traditions and social practices were regarded as law in this era.
The body of law was divided into two parts i.e. civil and criminal law.
To hear the different nature of cases, various kinds of courts were formed
accordingly.
The procedural law was very specific.
The whole system of law was based on indigenous customary law which
was largely influenced by Hindu Philosophy.
2.Era of codified law
Begin with the promulgation of National Code 1853.
The code was influenced by the Napoleon code of France.
The code is the initiation of P.M Jung Bahadur Rana.
Jung Bahadur Rana had been inspired by the Napoleon Code of France during
his Europe visit.
This code of Nepal first ever embodied the principle of:
1.Equality before law; and
2.Equal protection of law in its preamble.

Nepalese legal system has no division between public and
private law. It has two categories of law viz. Constitutional law
and statutory law. The constitution has been regarded as the
fundamental law of land, therefore any laws inconsistent with
it no longer remains valid.
IMPACTS OF CIVIL LAW IN NEPELESE LEGAL
SYSTEM.
• Napoleon Code was the inspiration for the first
codified law of Nepal “MULUKI AIN” 1910 B.S.
• Most of the codes, especially made during Rana
period was influenced by civil legal system.
• As civil law, Nepalese legal system was also
developed on the basis of authorities and
doctrinal works done in the respective areas.
• Nepal have received the model of codification
and law making method from French civil code.
Continued…
• The Pradhan Nyayalaya act, 2008 was a step toward
establishing a separate and independent judiciary on line
of both civil and common law tradition.
• The interim constitution of Nepal 2063B.S is also within
sphere of civil law.
• Like in civil law system, Nepal also has some special courts.
• Other significant examples of civil law influence on recent
Nepalese legal system are:
 The attempt to make a written constitution through a constituent assembly.
 Recent development of law reforms.
 The demand for the provision of constitutional court for the real implementation of doctrine of separation
of power.
 The adoption of criminal control method of prosecution and formation of special court in the cases
involving human trafficking, drugs trafficking, corruption e.t.c.
Conclusion.
• We cannot exclusively place Nepalese legal system in any
major specific legal family.
• Nepalese legal system developed independently for the
long period of time on the basis of Hindu legal system.
• But after 1950s the reception of foreign law started in
Nepal in which the influence of civil law is also clearly
visible.
• Until and unless a new constitution is drafted and
promulgated, it is not possible to predict which model of
legal system will exert dominant influence in Nepalese legal
system.

Civil Law

Uploaded by

Copyright:

Available Formats

Civil Law

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Civil Law

Uploaded by

Copyright:

Available Formats

Presentation on

Impact of Civil Law in Nepalese

You might also like