Explain the differences between common law and civil law systems by the approach of each to contract law. Toolbar Toggle Font family Font size Paragraph

Common law is a part of the English law that is derived from custom and judicial precedent rather than statutes.

Civil law is the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.

In common law, the doctrine of privity of contract applies, which prevents stipulations in favor of third parties. The comon law allows only individuals who are a party to a contract to sue it. No one other than the contracting parties is allowed to demand performance in a contract.

In civil law, contractual rights can be transferred to a third party. A third party can acquire the right to directly demand performance and even sue the contract. This should be of the volition of the third party and not be forced on him in any way whatsoever.