Peruvian Law

While comparative law refers to the use of the comparative method to the study of law that aims to find locate the legislative history of positive law of states but the similarities in the law of several States or the differences as well as the causes of such similarities and differences. In this sense we can say that the legislative history does not relate to the same in terms of comparative law, however, in all areas of law we can make comparative law studies and in all areas of law we can also study the legislative history of the various rules or legal institutions. For the record that comparative legal studies are not always accomplished by reference to the legislative history of the rules positive law. That is, there may be studies and comparative law legal systems have not been taken as a source to one another and which has not existed between those receiving foreign legal systems. 5.

LEGAL FAMILIES There are various classifications of legal systems, which are classified in legal families, as detailed below. Families are legal for David Rene four as detailed below: 1) Family Romano Germanic. 2) Family of the Common Law. 3) Family social rights. 4) Family of philosophical or religious systems. In our half of the four best-known legal families are the first two, is, in our environment are best known legal families as follows: Roman Germanic legal family and common law legal family. Hence it is necessary to clarify that the legal systems belonging to the Roman Germanic family main source of law, ie is characterized by the primacy of law other sources of law, which is not the case with legal systems belonging to the family of the Common Law, because in these legal systems the main source of law is the law.

It should be pointed that the U.S. law with English law although both belong to the common law legal family, do not have exactly the same characteristics so it is necessary to take into account that the law of the United States exist known as restatements, which does not exist in English law. Therefore we point out that English law is not exactly like the right of the United States. For the record that our legal system of Peru is located within the Roman Germanic family. The characteristics of the legal families can be given careful consideration without recourse to the specific study of the laws of States that not all states are equal legal systems, making it necessary to mention that for example the division of the right public and private law rejected in some legal systems which do not exist in our legal system, and that, in some legal systems to cite case law is necessary to make a default location, which does not occur in the Peruvian legal system. For some authors it is easier to conduct studies of comparative law within the same legal family, for example when studying the same legal institution within the Peruvian law and within the Spanish law, that is, these types of studies are common, however, d study of legal institutions