As attorneys know, legal programs in nations all over the world generally fall into one in every of two fundamental classes: common legislation systems and civil regulation programs. As civil law got here into observe throughout Europe, the position of local custom as a source of law became increasingly essential—particularly as growing European states sought to unify and manage their particular person authorized systems.
Throughout the early modern interval, this desire generated scholarly attempts to systematize scattered, disparate legal provisions and local customary laws and convey them into harmony with rational rules of civil legislation and pure legislation.
Whereas there are differences within the approach to compensatory damages in common- and civil-legislation jurisdictions, or amongst those jurisdictions, they usually result in similar results, albeit by means of completely different paths, so much in order that arbitrators, but additionally national judges and commentators, have identified and applied international rules relevant to damages, such because the responsibility to mitigate, notably in international arbitration.
These international instruments, nevertheless, usually must be complemented by national guidelines of legislation to the extent that they do not cowl specific issues and due to this fact do not necessarily exclude the appliance of national legal guidelines in those respects.