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The article deals with the main features and characteristics of judicial precedent in the Roman-German law system in comparison with the “classical” precedent — a source of Anglo-Saxon law. Among the features of the system of judicial precedent in the Roman-German law are the following: ambiguity of the phenomenon of precedent and its continental doctrine and concepts; secondary and dual nature of the precedent over other sources of law of that legal family; selective attitude to different branches of law; diversity of the legal basis of precedents in different countries and differentiated approach to the recognition of legal effect of precedents. The technical and legal aspects of a precedent in the system of the Roman-German law, in particular the special nature of the publications of decisions of the higher courts and others are pointed out. The main features and characteristics of judicial precedent and its doctrine in the Roman-German law are disclosed by the example of case law of Germany, France, Spain, Italy and some other countries.
Марченко et al. (2016) studied this question.