Civil Law vs. Common Law | Richashell.com

The first reference in history to corporations was in 2083 B.C., and was the law in the Mesopotamia part of Asia minor. Roman civil law brought about the development of various corporations. During the time of the Roman empire, the concept evolved that a corporation could only come into existence at the creative touch of the sovereign. With his approval comes a certain amount of control. Interestingly, there were two offshoots of Roman civil law. They were canon law, and what we know today as modern civil law. Canon law deals with Ecclesiastical properties - church properties.
Canon law gave rise to two types of corporations. The first one was a "corporation sole". That was composed of one person such as a bishop or another type of a cleric. The second one was a "corporation aggregate" - composed of many people. In th early 13th century Pope Innocent IV developed the concept of a corporation as a "persona ficta", - a fictitious person - or an artificial person, that was created and controlled by papal authority. This led to the legal separation of an artificial person - a "corporation" from a natural person - a human being.
This also leads to something that's very interesting, and that's the fact that you cannot use the definition of common everyday English language when you're talking about something that is legal - a legal document - a legal entity. In everyday, common language you and I are "persons". That is not the case in law.
If you go to a legal dictionary and look up the word "person" or "individual", you'll find the definition - "a corporation", "partnership", etc. If you go to a large legal dictionary and look up the word "individual", it will say "See person". If you go to the word "person", it will tell you that it's a "corporation", etc.
So, when we talk about a "person" in law or in a legal document, be advised that it is probably not referring to a human being, unless it says "natural person", or "private person".
About the same time that corporation law was developing, there was another body of law that was also developing. It was called the "Lex Murcetoria", or the "law merchant". This law trumped local law. It set aside local law. It drew upon principles from both Roman Catholic Canon law and Roman civil law. On the European continent the "law merchant" became known as "commercial law". We know it today in this country as the "Uniform Commercial Code".

Civil law, the dominant law of the European continent, evolved from the unifying influence of Roman law. Under this system of law {also known as "inquisitorial law"} you are presumed guilty until proven innocent.

This is the exact opposite of the "common law", which had its origins in England, where you were presumed innocent until proven guilty.

England [ by the 14th century ] developed the concept of "charitable corporations".

By the reign of King James I, England had adopted the old Roman and papal theory that a corporation can only be created by the proper authority. The state was justified in regulating and controlling the corporations.

Civil law is the basic law of the Roman empire.

Canon law is the basic law of the Holy Roman empire - {the church run state}.

At the same time, "merchant law" was developing out of Babylonian law.
It borrowed some concepts from Roman civil law and Roman Catholic canon law.

Because the ancient law of commerce involved seagoing vessels, merchant law developed into what we call today maritime law, known as the law of the sea.
Under Maritime law during a voyage, the Captain's word was the absolute final law. He was the authority. Today in this country, a corporation is considered to be a creature of the state in which it is incorporated. The state law governs every facet of that corporation's existence.
So a corporation is a "person" under the law.

The rights of a corporation differ from the rights of a natural person.

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