A relocation to Germany would result in the change in the legal system that the company currently
follows. Germany follows the Civil Law legal system with the Germanic law (derived
from Roman Law) which is codified. The Civil Law system has a laid out set of
codes that mention the procedure, process and punishment for a case.
Under the Civil Law System, cases are decided not by the jury, but by a practiced judge.
Common Law, on the other hand, is by and large uncodified,
i.e. the main guidelines are often based on tradition and customs, and previous
rulings. This implies there is no extensive accumulation of legitimate
standards and statues. Although Common law depends on some statues, it is
usually based on precedent, a precedent is a case that establishes a rule. This
rule is then utilized by the court when deciding later cases.
English Common Law is found in England and Wales, nearly every country that was
colonized by Great Britain follows the Common
Law system with their own subcategories. Common Law has its advantages. Unlike Civil
law, Common Law follows a form of consistency, yet it has room for flexibility
and change. Existing Precedents can be confronted, and revised and replaced by
new Precedents. Common Law can react to cases, circumstances and certainties
that were not predicted by legislators. It is impossible for parliament to
enact for each conceivable issue, activity or condition that may emerge in the
public eye. Common Law can analyze and
create reactions to genuine circumstances. Apart from this, there is also consistency found in the Common Law system. The
doctrine of Precedent works adequately because it gives solidness and
consistency in the legal system. Parties engaged in trials and hearings can comprehend that choices made depend on
Precedent, instead of individual perspectives. Precedents are often produced by
senior judges in higher courts, which loans them specialist and experience.