Comparative law

Résumé du document

Comparative law, fiche de trois pages en anglais



What is comparative law? It is not international law but there are some connections between these two matters. It permits to know how another legal system works. With comparative law, we try to see the differences, the relationships? between two systems, the mentalities of the different systems?

Extraits

[...] But European Parliament wants a European civil code. Ass. plén May 1984: It is a decision of a civil chamber; that means there are others specialized chambers (commercial, criminal and social). It helps us to understand the nature of the system. Form of the decision: no name of the parties, no references to higher cases, to academics, to restatements. There is a syllogism with the major proposition (article 1384Cciv), the minor one (vis-à-vis the facts) and the conclusion. Ass plén means it is an important decision. [...]

[...] A French decision has effects on parties but also on future; however that does not mean that it is law. Ass. plén May 1984: The problem in this decision is to know what are management and control”. We deal with strict liability in this case, with responsibility without fault. In France, we know the state of law because professors tell us. A single decision does not explain a legal system. To understand how a system works, you should questionnaires (cf. Ugo Mattei). 09/07/04 ECHR June 2001, Kress v. France: ECHR is not the official court of European Union. [...]

[...] Procedure before the CE: d f j + / 5 H n œ ž H n y and a project. The commissaire du gouvernement (government commissioner). He has a copy of the reporting judge's project and gives his opinion. What about due process? That was the argument of Mrs. Kress; she said she should be able to answer to what is opposed to her. The problem is to know what we mean about due process and whether a court as the ECHR can adjudicate a so broad notion. [...]

[...] To become a judge: ( Cass. ( ENM ( CE ( ENA Birth of civil law: Justinian (5th century) who wrote the Corpus Juris Civilis in 533 AD (After Darkness). N.B.: darkness is local law and light jus commune, common law, unification 1100 AC: creation of Bologna University, which is the mother ship of the universities. Bologna is the beginning of medieval renaissance (12th century; light period). Bologna had an influence all over the world and teached the same thing i.e. [...]