• ISSN: 2155-7950
  • Journal of Business and Economics

The Influence of Civil Law and Common Law by Globalization and the Transnacionalization for the Formation of a New System of Law

Carla Della Bona1, Liton Lanes Pilau Sobrinho2

(1. Universidade de Passo Fundo, Brazil; 2. Universidade Vale do Itajaí, Brazil)

Abstract: The exchange between subjects of different nationalities, pressure international and national actors of different shades, especially the Judiciary so that they produce the necessary legal instruments to base, guarantee and mark the relationships that are forming. It is in this sense that the clash of historically diverse juridical conceptions, such as the two great families of law — Civil Law and Common Law, fierce by the urgency in the search for solution of conflicts often pioneering, imposes urgency in the creation of internationally respected regulations. This necessary legal regulation, national and international, between actors of different characteristics is once again subject to the inescapable mediation of international and transnational organizations. Therefore, the need to know the provisions of a new world legal order needs to be forged from a new common western legal culture, which should include civilians and commolists. The methodological aspects to be used in the study will be the basic bibliographical, from the examination of legal doctrine and published articles on the subject. The work will be done in two parts. At the outset, the formation and origin of Civil Law and Common Law will be analyzed. Finally, the influence of globalization and transnationalization will be analyzed in the formation of a system of mixed law.

Key words: judicial activism; common law; civil law; globalization; transnationalization

         JEL code: K150

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