Session1 Flashcards
State
Légal person which has total sovereignty on its territory
Law
Body of rules that governs society
Not personal
Compulsory
General rules
2 diff legal systems
Civil law tradition = continental law
Common law system
Civil law tradition
Based on roman law
Dogmatic system
Rules pre exists, published by the state
Not so precise
Judge in civil law
Implement legal rules, interpret them, not creating them
Jurisprudence
Hierarchy in a civil law country
Constitution —> international conventions —> act & statutes —> customary law —> jurisprudence,case law
Common lawsustem
Based on the English legal system
pragmatic :certainty lower
Judge in common law
Allowed to create legal rules
Case law
Legal rule elaborated by the judge in a previous judgement
Common law hierarchy in business law
—> House of Lords —> court of appeal —> high court
Private law
Company property family labour intellectual
Public law
Connecting to the state organisation
Constitutional law
On the common law
No division
Public order
Rules dealing with competition
France public law hierarchy
Conseil d’état —> cours d’appel administrative —> tribunaux administratifs
