In a pure civil law system, the legislature is viewed as the representative of the people and primary lawmaking body. In all civil matters where there is no express law, the judge is bound to proceed and decide according to equity. To decide equitably, an appeal is to be made to natural law and reason, or received usages, where positive law is silent. The foregoing describes a system in which the legislature is accorded the supreme and almost absolute law making power. The duty of the judge is to apply the law as enacted.
Judicial interpretation is limited to interpreting ambiguous provisions of the law.
In so doing, reference is made to other articles of the civil code dealing with the same subject matter. Because of this arrangement and the legal theories behind the articles, it is often possible to determine the meaning of an ambiguity by analyzing the theory being expressed in that particular section of the code. Only in a situation where there exists no positive law governing an issue is the judge allowed to decide on the basis of equity. Emphasis on the legislature's role as law giver, constraints on judicial lawmaking power and an analytical interpretative method are all hallmarks of a civil law system. One common goal of all civil law systems is the compilation of a set of codes which effectively regulates all aspects of human relations and transactions.