El papel del análisis de principios y de jurisprudencia del Cammon Law en las resoluciones dictadas por el Civil Law.

Abstract

The legal systems around the world usually change with the time, generally it follows common law or civil law. In the common law the antecedents have hardly been included to choose into every situation, while in civil law the law is what governs without consider the antecedents o legal precedent. The common law born in England in the Middle Ages and it was applied to every English domains, while the civil law developed in Europe almost at the same time ant it was applied to Portuguese and Spanish colonies. Actually countries like England, United States of America, Canada, Australia and New Zealand applies the common law system. In this article, We are going to analyze similarities and differences of both systems taken into account some conceptions of doctrinaires and treatists, and at the same time analyze the application of both systems around the world. We will also analyse an Ecuadorian process, in order to conclude how judges take a decision.