2013教务处通识课程Lecture1要点分析.pptVIP

Anglo-American Law Family 英美法系 ( the common law family, the case law family): England, America, India etc. Islamic Law Family 伊斯兰法系: Islamic countries. 2) the differences between the two main legal family (1) source of law 法源: in the common law system, case law （判例法）as the primary source but also has a number of statutes; in the civil law system only statutes（制定法）. (2) categories of laws 法律分类: public law and private law; common law and equity law. (3) codification 法典化: codification, generally no codification but separate laws. (4) litigation modes 诉讼模式: authority mode（职权主义）; litigant mode（当事人主义） 3) French Civil Code? (1) French Civil Code of 1804, incorporating the spirits of the French Revolution like: The right to possess private property; The freedom to contract; The autonomy of the patriarchal family. “My glory is not to have won forty battles, for Waterloo’s defeat will blot out the memory of as many victories. But nothing can blot out my Civil Code. That will live eternally.” (2) Differences from the German Code Written in a short period of time; Style and form: straightforward, easy to read, understandable to everyone. (3) Differences from the English common law: It contains flexible general rules rather than detailed provisions. 4) German Civil Code of 1896(in effect on Jan.1, 1900). (1) Characteristics of the German Code: Incredibly precise and technical. Special terminology is used. (2) Differences from the French Code: It is meant exclusively for the use of trained experts (not lay readers). * * * Corporate Governance and Business LawZhang XiaohaoSchool of Economics and Finance, XISU I. Introduction to the Lecturer and the Course 1. Course Requirements Full attendance, three absences warranting failure in the final; Active participation; Careful reading of the textbook and supplementary materials; No food or telephone calls during lectures; 2. Importance of the Course A course dealing with issues closely related to your major; One of the very few cou