Civilian systems the judge

The restitutionary principle of free acceptance ("FA") was first introduced by Goff and Jones in their first edition of The Law of Restitution. 1 Although this principle has been recognized in the English law of unjust enrichment,2 its existence and function remain controversial. 3 In my essay I will critically assess the operation and roles of FA in the restitution of unjust enrichment, and conclude my essay with my stand that FA has a limited role in the English law of unjust enrichment. Free acceptance - its operation and roles explained

Jonathan Lowry, WLO tutorial group D Professor A. Lewis. World Legal Orders Essay 1. 'In Civilian systems the judge is simply the mouthpiece of the law'. Discuss. Civil and common law systems are divergent in many ways the predominant of which can bee seen as the development and sources of law. Whilst the common law derives its primary source of law from case law, legislation is seen as supreme in civil systems.