1.

Read the next text carefully:

“Sources of private law”

Throughout the years, three different systems have required independent

recognition in connection with the sources of private law. By today, the line between
these three systems cannot be sharply drawn. In civil law countries, the major
sources of private law are civil codes. In these countries the underlying idea is that
it is possible, through legislation, to enact a single‐piece code that covers all (or as
many as possible) fields of private law. Living examples of the civil law model are
the 1804 French Civil Code (earlier called the Code of Napoleon), the Austrian Civil
Code of 1812 (Allgemeines bürgerliches Gesetzbuch: AGBG), the German Civil
Code (Bürgerliches Gesetzbuch: BGB) of 1900 or the Swiss Civil Code of 1904
(Zivilgesetzbuch ‐ ZGB).

The civil law concept has been most prominent in continental European countries
(other countries following the Napoleonic model included Italy, the Benelux
countries, Spain, Portugal, Greece, etc.). The only area traditionally unaffected by
the civil law movement in Europe was Scandinavia.

However, especially through influence in colonial times, in a number of Latin‐

American, African and Asian countries the civil codes of the colonizing nations were
enacted or adopted. In other non‐European countries, the civil law codification
movement was followed voluntarily. By today civil codes apply in such countries
outside of Europe as Turkey, Japan, Taiwan, South Korea, the Philippines, Thailand,
Indonesia and a variety of Latin‐American and Sounth‐American countries. Civil law
traditions sometimes appear as islands in common law oceans: e.g. in the U.S.A.,
Lousiana follows the civil law method; as does Scotland within the United Kingdom.
In Canada civil law is most prominent in Quebec. However, even these countries
differ somewhat as to whether some specific (usually newer) fields are regulated
within the civil code or separately.

For example, labor law or intellectual property law are often contained in separate
pieces of legislation; and family law may sometimes be regulated at least partly
outside the scope of civil codes. The reasons are that sometimes these fields of
private law emerged much later after the original codification of civil law and are often
contained in international conventions, such as the basic corpus of intellectual
property law. With other areas, such as labor law or family law, the public law
features often called for legislation outside of the scope of civil law.

Although the main sources of (civil) law are civil codes that systematically address
as many legal issues in connection with the regulated subjects as could possibly be
foreseen by the legislator, and although there is no system of precedent, even in civil
law countries judges play some role in developing the law itself.

Firstly, as an exception from the lack of precedents in civil law countries, some higher
courts do have the power to decide on important interpretational questions that
courts are obliged to follow in future cases. The magnitude of these compulsory
decisions is, however, usually insignificant compared to judge‐made law in common
law jurisdictions. Court decisions that are mandatory for (“binding on”) courts in
future cases are said to have binding authority.

The second option for judges to develop the legal system in civil law jurisdictions
and thereby to be identified as sources of law is through establishing a non‐binding
uniform judicial practice in interpreting and/ or applying certain provisions of codified
law. Although in civil law countries as a general rule court decisions do not have
binding authority for future cases, courts nevertheless tend to pay attention to past
judgments in connection with interpreting/ applying the same provisions. Thereby, a
lawyer may successfully rely upon and cite to the past courtroom practice of the
same provision in a given case, because judges tend to prefer harmony in their
judicial decisions, even though past decisions are not formally binding for future
cases. This phenomenon is wrapped up in the term that court decisions have
persuasive authority, because even though they do not bind the courts, they do
persuade the judge to interpret or apply the law in a similar fashion as in previous
cases. Even very tight and extremely precise codes need judicial interpretation,
usually because there may be cases that the legislator did not think of when passing
the code, or because the more a certain subject is overregulated, the higher the
chances are that the law will contain some contradictions or ambiguities that need
interpretation and clarification by the judge.

Finally, sometimes jurisprudence itself, legal literature, scholarly writings and

academic opinion are considered to constitute a very specific source of law when
either interpretation or gap‐filling in connection with codified law is needed. For
example, in Germany it may easily happen that the theoretical academic opinion of
a well‐known scholar or passages from a widely recognized commentary will be
decisive in a given case before a court, even though jurisprudence formally does not
have legislative powers. Jurisprudence also helps to systemize and understand
codified law – this is especially true in connection with civil law.

Quite the opposite of the civil law system are common law jurisdictions. Sources of
law – and of private law, too – were primarily precedents, whereas court decisions
had binding authority for future cases. (For the historical reasons for common law to
have developed in the way it did, you are kindly referred back to your studies in Legal
History.) Since common law originated from England, former British Empire
countries usually follow the common law tradition: Ireland, the United States (excl.
Louisiana), Australia, New Zealand, South Africa, Canada (except French‐speaking
Quebec), India, Pakistan, Malaysia, Singapore, Sri Lanka, Ghana, Cameroon and
Hong Kong.

By today, in all common law countries, the rate of statutory law has increased
(compared to judge made law). In fact, statutory law has slightly taken the place of
judge made law. Nevertheless, lawmaking through legislation in common law
countries is quite different from law‐making in civil law countries. In private law this
means that while in civil law countries a general and systematic civil code is aimed
at covering private law as widely as possible, in common law countries separate acts
or codes exist in connection with the different fragments of private law. What is
wrapped up in a civil law country in a single civil code is often contained in a number
of acts in common law countries, all covering specific segments of their designated
subject matter. As an example, while the major body of family law in Germany and
France is to be found in their respective civil codes, in England relevant acts include
the Matrimonial Causes Act, the Divorce Reform Act, the Matrimonial and Family
Proceedings Act, the Married Women’s Property Act, the Children Act, the
Guardianship of Minors Act, and some specific aspects of family law would be
covered by such less obvious pieces of legislation as the Rent Act, the Housing Act
or the Administration of Estates Act. All these questions would, in a civil law country,
be resolved under the same civil code.

Obtenido de (PALÁSTI, 2011)

2. From the previous text, identify five sentences where “modal verbs” are used.
Write the complete sentence in the next chart as well as their meaning in Spanish.
Also, write the usage or function of the “modal verb” contained in each one of those
sentences.
 Sentence from the text Meaning of the sentence Function of the “modal
that contains a “modal in Spanish. verb”.
verb”.

For example, labor law or Por ejemplo, el derecho Probability

intellectual property law laboral o el derecho de Permission
are often contained in propiedad intelectual
separate pieces of suelen estar contenidos
legislation; and family law en piezas legislativas
may sometimes be separadas, y el derecho
regulated at least partly de familia a veces puede
outside the scope of civil estar regulado, al menos
codes. parcialmente, fuera del
ámbito de los códigos
civiles.
Although the main Aunque las principales Probability
sources of (civil) law are fuentes del derecho (civil)
civil codes that son los códigos civiles
systematically address as que abordan
many legal issues in sistemáticamente tantos
connection with the asuntos jurídicos
regulated subjects as relacionados con los
could possibly be temas regulados como el
foreseen by the legislator, legislador pudiera prever,
and although there is no y aunque no existe un
system of precedent, sistema de precedentes,
even in civil law countries incluso en los países de
judges play some role in derecho civil los jueces
developing the law itself. desempeñan algún papel
en el desarrollo del
derecho mismo.
Thereby, a lawyer may De este modo, un Probability
successfully rely upon abogado puede confiar y Permission
and cite to the past citar con éxito la práctica
courtroom practice of the judicial anterior sobre la
same provision in a given misma disposición en un
case, because judges caso determinado,
tend to prefer harmony in porque los jueces tienden
their judicial decisions, a preferir la armonía en
even though past sus decisiones judiciales,
decisions are not formally aun cuando las
binding for future cases. decisiones pasadas no
sean formalmente
vinculantes para casos
futuros.
Even very tight and Incluso los códigos muy Probability
extremely precise codes estrictos y Permission
need judicial extremadamente
interpretation, usually precisos necesitan
because there may be interpretación judicial,
cases that the legislator generalmente porque
did not think of when puede haber casos que el
passing the code, or legislador no pensó al
because the more a aprobar el código, o
certain subject is porque cuanto más
overregulated, the higher sobrerregulado esté un
the chances are that the determinado tema,
law will contain some mayores son las
contradictions or probabilidades de que la
ambiguities that need ley contenga algunas
interpretation and contradicciones o
clarification by the judge. ambigüedades que
requieran interpretación y
aclaración por parte del
juez.
For example, in Germany Por ejemplo, en Alemania Probability
it may easily happen that puede suceder fácilmente Permission
the theoretical academic que la opinión académica
opinion of a well‐known teórica de un erudito
scholar or passages from conocido o pasajes de un
a widely recognized comentario ampliamente
commentary will be reconocido sean
decisive in a given case decisivos en un caso
before a court, even determinado ante un
though jurisprudence tribunal, aun cuando la
formally does not have jurisprudencia
legislative powers. formalmente no tenga
poderes legislativos.
3. Read the text again, find sentences where ‘Present Simple’, ‘Past Simple’, and
‘Present Perfect’ tenses are used. Find two sentences of each one of these tenses
and write them in the chart below. Also, write their translation:

Sentence from the text: Translation of the

sentence in Spanish:

‘Present Simple’ • in England • En Inglaterra, las

relevant acts leyes pertinentes
include the incluyen
Matrimonial (actualmente) la
Causes Act, the Ley de Causas
Divorce Reform Matrimoniales, la
Act, the Ley de Reforma
Matrimonial and del Divorcio, la Ley
Family de Procedimientos
Proceedings Act, Matrimoniales y
the Married Familiares, la Ley
Women’s Property de Propiedad de
Act, the Children las Mujeres
Casadas, la Ley de
• In civil law Niños
countries, the
major sources of • En los países de
private law are civil derecho civil, las
codes. In these principales fuentes
countries the del derecho
underlying idea is privado son los
that it is possible , códigos civiles. En
through legislation estos países, la
idea subyacente
es que es posible,
a través de la
legislación
‘Past Simple’ • Were primarily • Eran
precedents, principalmente
whereas court precedentes,
decisions had mientras que las
binding authority decisiones
for future cases. judiciales tenían
autoridad
• that sometimes vinculante para
these fields of casos futuros.
 private law
emerged much
later after the
original • Que a veces estos
codification of civil campos del
law and are often derecho privado
contained surgieron mucho
más tarde de la
codificación
original del
derecho civil y a
menudo están
contenidos
‘Present Perfect’ • Throughout the • A lo largo de los
years, three años, tres
different systems sistemas
have required diferentes han
independent requerido un
recognition in reconocimiento
connection with independiente en
the sources of relación con las
private law fuentes del
derecho privado.

• By today, in all • Hoy en día, en

common law todos los países
countries, the rate de derecho
of statutory law consuetudinario, la
has increased tasa de derecho
(compared to estatutario ha
judge made law). aumentado (en
comparación con
el derecho dictado
por los jueces).
What is the dominant “grammatical tense” of the text? Is it ‘Present Simple’, ‘Present
Continuous’, ‘Present Perfect’, ‘Present Perfect Continuous’, ‘Past Simple’, ‘Past
Continuous’, ‘Past Perfect’, ‘Past Perfect Continuous’, ‘Future Simple’, ‘Future going
to’, or other? Justify your answer.

I believe that the grammatical tense that stands out among all of them is the
simple present, although within the text there is also the present perfect and
simple past, since in the text they are used as a way to complement the
research, but even so I was able to identify more sentences in the simple
present, which is why I believe it predominates in the text.

5. While reading the previous text, probably you highlighted important details, and
you took some notes. Using that information, create 10 important and relevant
sentences or ideas related to the text (use your own words), and write them below:

The law has evolved over the years

For all countries the most important thing is to have legislation
In general, countries have as a priority to have a code to govern everything.
An important point in law is that it is not the same everywhere.
Two types of law predominate throughout the world: common law and civil law, in
some cases religious law.
Judges are the highest authority along with the courts
The authority in charge of judicial resolutions is the judge, but the court also hears
the case.
Thanks to the evolution of law, jurisprudences arise
The colonial era influenced today's law
Law is vital to the functioning of the world

6. Using the ideas that you previously identified and that you wrote in the previous
chart; write down a summary of the text that includes most of the characteristics
seen during the course as well as different grammar aspects checked. Write at least
15 lines using ‘Verdana’ 11. Your summary must also comply with the next
characteristics: clear, concise, and with cohesion and coherence that allow
understand everything that the text pretends to communicate. It must be expressed
in your own words (Do not copy specific phrases or paragraphs from the text):
*Important note: If by any reason there is a sign that you used a translator to do your
summary, instead of using your own words and sentences, then your activity will be
invalid. *
La ley ha experimentado una notable evolución a lo largo del tiempo, y es crucial
para todos los países contar con una legislación adecuada para regular la vida
social y económica. En general, los países se centran en desarrollar un código
legal que cubra todos los aspectos necesarios para el buen funcionamiento de la
sociedad. Es importante entender que el derecho varía significativamente de un
país a otro; los sistemas legales más predominantes a nivel mundial son el
derecho común, el derecho civil y, en algunos casos, el derecho religioso. Los
jueces y los tribunales son las máximas autoridades en la resolución de conflictos
legales, siendo los jueces los encargados directos de las resoluciones, mientras
que los tribunales también desempeñan un papel crucial en el proceso judicial.
La evolución del derecho ha dado lugar a la creación de jurisprudencias, que a
su vez han sido influenciadas por la era colonial. En definitiva, el derecho es
esencial para el funcionamiento ordenado y justo del mundo.

The law has undergone a remarkable evolution over time, and it is crucial for all
countries to have adequate legislation to regulate social and economic life. In
general, countries focus on developing a legal code that covers all aspects
necessary for the proper functioning of society. It is important to understand
that law varies significantly from country to country; the most predominant legal
systems worldwide are common law, civil law, and in some cases religious law.
Judges and courts are the highest authorities in the resolution of legal conflicts,
with judges being the direct decision-makers, while courts also play a crucial
role in the judicial process. The evolution of law has led to the creation of
jurisprudences, which in turn have been influenced by the colonial era.
Ultimately, law is essential for the orderly and fair functioning of the world.