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Code and statute

From Civil law (code) and common law (statute)

Basic ideas

What it means

A civil-law code is a complete, ordered statement of a whole area of law, such as the civil code or the criminal code. A common-law statute is a single Act that deals with a particular problem, usually on top of an existing body of case law.

Why it travels badly

A civil-law judge begins with the code and reasons from its general principles. A common-law judge begins with the case law and uses the statute where it applies. In the United States, 'the Code' usually means a tidy arrangement of existing statutes by subject, not a code in the civil-law sense.

How other systems say it

France

Code civil (1804)

The model for many codes: short, general articles, organised by subject, meant to be read as a whole.

Germany

Bürgerliches Gesetzbuch (BGB)

A more abstract and technical code, with a general part that applies to all the rest.

England and Wales

Acts of Parliament

Statutes are named and dated separately. Some statutes, such as the Sale of Goods Act 1979, bring together earlier case law, but there is no general civil code.

United States

United States Code and uniform codes

The US Code arranges federal statutes by subject. The Uniform Commercial Code is a model law that each state adopts.

Tip for translators and students

Translate 'code' as a code only if the text is truly a systematic code. For a US 'code' say 'compilation of statutes'.

Related: Stare decisis and jurisprudence constante, Jurisprudence, Doctrine

Updated October 2026. Spotted a mistake? Tell us.

TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.