CHAPTER 2

WORLD LEGAL SYSTEM

PREPARED BY:
KIMBERLY ABELLO

LEGAL SYSTEM EXISTED IN

DIFFERENT COUNTRIES OF THE
WORLD
1.

MESOPOTAMIAN LEGAL SYSTEM

2.

EGYPTIAN LEGAL SYSTEM

3.

ANGLICAN LEGAL SYSTEM

4.

ROMANESQUE LEGAL SYSTEM

5.

HEBREW LEGAL SYSTEM

6.

ECCLESIASTICAL LEGAL SYSTEM

7.

CHINESE LEGAL SYSTEM

8. MARITIME LEGAL SYSTEM

9. GREEK LEGAL SYSTEM
10. SLAVIC LEGAL SYSTEM
11. ROMAN LEGAL SYSTEM
12. KELTIC LEGAL SYSTEM
13. JAPANESE LEGAL SYSTEM
14. MOHAMMEDAN LEGAL SYSTEM

IN THE PHILIPPINES WE HAVE

THREE PREVAILING LEGAL
SYSTEM
1. ROMAN LAW
2. ANGLICAN OR COMMON LAW
3. MOHAMMEDAN LAW

ROMAN LAW
Is the body of rules and
principles adopted to guide the
Romans in the conduct of
observance of their personal
and official affairs without
necessarily specifying the
period or the time when those

Written statements
1. Ignorantia legis non excusat Ignorance of the
law excuses no One
2. Dura Lex sed lex the law maybe harsh, but it is
still the law
3. Cessante ratione cessat ipsa lex- when the
reason for the law ceases, the law also ceases to
exist.
4. Sic utere tuo ut alienum non laedas the owner
of a thing cannot make use thereof in such
manner as to injure the rights of third person.
5. Patria potesta parental authority
6. Negotiorum gestio unauthorized management

8. Jus possedindi the right to possess

9. Jus abutendi the right to abuse
10. Jus utendi the right to use
11. Jus fruendi the right to the fruits
12. Jus desponindi the right to
dispose
13. Jus vendicande the right to
recover
14. Nulla poena sine lege there is no

15. Salus populi est suprema lex the welfare

of the people is the supreme law
16. Caveat emptor buyers beware
17. Solutio indebiti unjust enrichment
18. Aedificum solo credit the building follows
the land
19. Accessorium siquitur principale land is
always principal
20. Nullum tempus occurit regi time runs not
against the sovereign

The Philippines and its citizen

cannot remove the great influence
that Roman laws still exert in our
day-to-day life, whether it is in the
city or in the remote barrio.
The style of the roman jurists is
simple, clear, brief and precise

POLITICAL HISTORY OF ROME (13 C)

Importance of associating political History of the
people with it laws was recognized by Gaius, a
Roman Jurist He said:
Being about to take up an interpretation of our
ancient statutes, I be traced from the foundation of
the city, not because I want to write verbose
commentaries, but because in all matter, I perceive a
thing is complete only when all parts are assembled,
and surely the most important part of a thing is its
beginning.

THREE PERIODS OF ROMES POLITICAL HISTORY

1. MONARCHY
Abolition of the kingship.
2. REPUBLIC
Abolition of the monarchy to the unification of
Italy.
3. EMPIRE
Marked by the breakdown of the old republican
form.

MONARCHY

ROMULUS

Founder of the Rome, the named of the city was derived

from him

NUMA POMPILIUS TULLUS HOSTILUS

Was described as a wise and pious ruler and is known to have

established the Roman religion and the adding of 2 months to
the ten-month calendar.

TARQUINUS PRISCUS(616 BC)

The first of the Etruscan kings drained the citys marshes

and improved forum which was the commercial and political
center of the town.

SERVIUS

TULLUIS
The second Etruscan king, acknowledge
Rome as the head of all Italy.
TARQUINUS SUPERBUS
Tyrant who opposed the people. A
rebellion of the aristocracy against him was
led by JUNUIS BRUTUS (509BC)

REPUBLIC

In time of republic the reign of government was in the

hands of aristocratic citizens called PATRICIANS.

PLEBIANS ( COMMON PEOPLE) had little to do with the

administration of government.

SENATE

The most important body consisted of 300 men who were

chosen by the consuls from the patrician.

TRIBUNES

Right to vote of any magistrate which was unjust to any

citizen.

 Gracchi

Brothers
They proposed laws to redistribute the public
funds and limit the powers of the corrupt senate.
GAIUS, JULUIS CAESAR AND his nephew
Augustus
They remoulded the structure of republican into
an empire. All power was gradually concentrated
in the hands of a single ruler, who was backed by
the roman army.

EMPIRE

Establishment of the empire was followed by two centuries

profound peace
provinces responsible men held power.
Long centuries of empire fall down into two Periods:
1. PRINCIPATE
Though the Emperor is in fact supreme, its power is
disguised under republican forms.
2. DOMINATE
The Emperor is no longer in theory, merely the princeps or
first citizen, he is dominus master of his subjects.

COMMON LAW
Derived from case law and books of
authority.
It is unwritten law which does not
emanate from the express will of the
legislature. Rather it is founded on
maxims, rules and principles derived from
time-honoured usages and customs.

MOHAMMEDAN LAW
Is not strange in the PHILIPPINES
for it has been and still being
observed
by Muslims in
Mindanao.
derived principally from the Koran
and from writings of Islamic jurists.