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For a foreign client, taking legal action in Europe is a complex issue. Each European country has its own national laws, court structures and unique legal history. Fundamental differences exist in the nature of the various national legal systems. Few countries follow a common law system. Most states have adopted a civil law jurisdiction based on codification, where statutes are the primary source of law and precedents are less important. Courts decide disputes based on a learned interpretation of relevant statutes. By contrast, common law jurisdictions use cases as a primary source of law and there is a strong adherence to the doctrine of precedent.

Procedural law also differs drastically from common law jurisdictions. Most civil law jurisdictions do not use a (pre trial) discovery procedure. Some operate by an inquisitorial procedure (which means the judges actively inquire the facts they deem relevant for a fair court ruling), other jurisdictions use an adversarial procedure (meaning the parties must provide the court with the facts of the case).

On top of the 27 different national jurisdictions within the European Union, EU laws and EU courts add an additional layer of complexity. In certain areas of law national courts must refer legal issues to EU courts to be decided on aEuropean level, so an EU wide consistent interpretation is guaranteed.

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The bilingual brochure “Continental Law” (free download here), published by the German Law Societies explains the basic principles of Continental Law (in particular the German and French legal systems) and argues that applying Continental Law in international contracting brings many advantages. More information on the website: www.kontinentalesrecht.de

Consiglio Nationale Forense

Ordine degli Avvocati di Roma

Consiglio Dell’Ordine degli Avvocati e die Procuratori Legali di Napoli

Ordine degli Avvocati e Procuratori di Milano

Organismo Unitario dell’Avvocatura Italiana

Ordine degli Avvocati Bari

Consiglio degli Avvocati di Genova

Tiroler Rechtsanwaltskammer