Codification and Liability Risk: Napoleonic Code vs. Common Law
In today's modern world, insurance has become an everyday concept. We ensure our homes, vehicles, and valuable property. In many states, vehicle insurance is now demanded by law of its drivers. Yet, very few of us step back and actually question where this notion of insurance actually comes from. It is a strange concept, to pay a premium monthly in order to protect oneself from damages later in the event of a catastrophe. In fact, insurance around the world is not considered the same thing. In fact, codification of insurance in various countries is influenced by different legal systems. While in the United States, insurance is influenced by common law practices, other countries in Europe, the Middle East, and South America use codification principles stemming from the Napoleonic Code.
In most Western countries, like the United States, common law is the foundation for insurance codification. Common law stems from the civil law of Europe founded early England and elsewhere in western countries, where the law stems from mercantilist principles (Schwartz, 1998). According to the research, "in medieval Europe, beginning as early as the ninth century and continuing up until the 16th century, there existed a remarkably uniform body of customary mercantile law which was applied by merchant courts in commercial disputes" (Tetely, 1999). This places the demand for insurance codification to be determined by particular regulatory body, based on particular case requirements. In most Western nations, including the United States, laws regarding the codification of insurance are dominated by common law principles (Schwartz, 1998). It is true that "the American states legal systems derived from the system of laws and courts developed over centuries in England" which were split into two separate courts: the law courts which "provided justice, however harsh or unfair the result might be, while the equity courts...
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