Common Law vs. Civil Lawin a Globalized EconomyInternational Business Law

Summary- Reminder : Definitions of Common and Civil legal systems

- Main legal systems all over the world

- Common Law : ... to be developed by Carmen...

- Civil Law : A right to respect for the workforce

- A great dilemna in Global Economy

- Emergence of a Pluralistic Law, combination of Common and Civil systems

- Debate/Conclusion

Common LawCommon Law to be developed by Carmen...

Civil LawRole of the judges is to read, interpret and apply written Law.

Legal systems over the world--- Comments ---

Common Law :to be developed by Carmen...Common Law to be developed by Carmen...

Civil Law

In today's society, business success factors are :

- Sales, Profit, ROI - Satisfaction of both shareholders and customersthen... - Satisfaction of employees and employment conditions

> Duty of sustainable Social Responsibility needs to be developed...

A right to respect for the workforce

Civil Law

Business culture – Legal aspects in the recruitment process :

- Equal opportunityand Discrimination Laws

- Recognition of qualiification

- References and background checks

- Employment offers and contracts

- Personal data protection

A right to respect for the workforce

A great dilemna in Global EconomyTime is changing in our globalized world...

> Need to cope with local cultural diversity in terms of :- Discrimination, - Security, - Health, - ...

not too strict (Directive Code and Constitution) Civil Law proning Universalism

but, not too flexible (Judge-made situation laws) Common Law proning Particularism

A great dilemna in Global Economy

The Burden of Proof

Apply rules & proceduresuniversally to ensure

equity & consistency but…

We do not want todegenerate into

rigidity & burocracyso we must…

Encourage flexibilityby adapting to

different situations but…

We do not want todrown in chaos or loose

our sense of central directionso we must…

Universalism

Particularism

Pluralistic Law : a combination of

Some interesting stakes :

- Find an advising & compromising legal system where every situation shall be scoped.

- Be able to anticipate, interpret and update the legal architecture.

> Pluralistic Law :Code + Jurisprudence making up laws when Code doesn´t specify(giving for instance a 5 years period between 2 Code updates)

both Common & Civil legal systems

Debate/ConclusionDebate/Conclusion to be developed by Carmen and Jerome...