Sistemul englez de drept – unul “nescris”?
The English law system - a "unwritten"?

Summary/Abstract: Taking the common law mainly as an unwritten one, represents the error made by countless continental lawyers, yielding profound misunderstandings, along with neglection of some principles and values that ground it for more than a millennium. It is also the source of an overestimation of the written law, whose lack of coherence is usually ignored as well as its non linear development or its separation from the traditional legal culture of the target communities. The most consistent counter-argument is precisely the formulary procedure used, already, for more than a thousand years, with extremely rigid rules and sinuous evolutions, providing more in terms of procedure than of material issues. In the meanwhile, the law of writs, of Charters and registers had developed a method and a writing discipline from which the continental legal systems would have still, lots to learn

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