Assignment Task

‘While there are many legal issues which are dealt with in the same way by the civil law and Common law systems, there remain also significant differences between these two legal systems related to legal structure, classification, fundamental concepts, and terminology.’ (Caslav Pejovic, ‘Civil Law and Common Law: Two Different Paths Leading to the Same Goal’ (2001) 32 Victoria University of Wellington Law Review 819

Critically discuss the above statement. In so doing, you should:

(i) Describe the common law and civil law traditions;

(ii) Identify the core areas of convergence and divergence between the two traditions;

(iii) Explain the reasons underlying these areas of convergence and divergence; and

(iv) Critically evaluate the two traditions, including by suggesting potential areas of improvement