Concluding Remarks
Although the oldest legal tradition in the Western world, civil law continues to evolve. In the course of its development it has spawned different sub-traditions and has exported its ideology and legal ideas throughout the world.
Furthermore, it has influenced the law of the European Community in structure, style of reasoning and ethos and continues to play an important part in the process of harmonisation of law in Europe. Few would deny that the civil law is gradually converging with the common law, at least to the extent of its growing reliance on case law. Moreover, as already noted, law-making in civil law countries is characterized by a degree of eclecticism: law drafters often look beyond the borders of their own legal family when investigating possible solutions to current legal problems.[871] As the exchange of ideas among civil law, common law and other legal systems gains momentum, some of the differences separating these systems tend to wither away. Nevertheless, significant differences remain. At its heart, civil law remains very much a unique tradition in its own right by virtue of, among other things, its predominant forms of legal reasoning and argumentation, ideas concerning the divisions of law and the organization of justice, reliance on elaborations of statutory and codified precepts, and approaches to legal scholarship and education. The changes in the legal universe that have been taking place in the last few decades, associated with the ongoing tendencies of globalization and regional integration, make it difficult for us to predict how the civil law tradition will evolve or how it will be described by future observers. However, we can be reasonably certain that this oldest and most influential of the Western legal traditions has entered a new phase of development and that it will continue to adapt itself to the challenges of an ever-changing world.
Source:
Mousourakis G.. Roman Law and the Origins of the Civil Law Tradition. Springer,2015. — 339 p.. 2015
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