Introduction to Law and Private Law Concepts

Continuous Assessment

• Grade: 1 group practical case around sessions 8/9 + 1 MCQ 20 questions around sessions 5/6 (50% of grade)
• Partials: 1 practical case + questions on notions (50% of grade)

Introduction to Law

• Law: A general and impersonal rule resulting from a collective will, with binding force, derived from legislative authority.
• Decrees and Orders: General and impersonal rules stemming from governmental or local will, with binding force. Issued by executive power, administrative authorities, or town halls (President/Prime Minister, Ministers, Prefects).
• Court Decisions/Case Law (Jurisprudence): Legal rulings from competent jurisdictions.
• Law vs. Morals: The law manages relationships, while morals don't have legal sanctions, though law is typically influenced by morals. Laws are mandatory, general, and permanent.

Private Law

• Scope: Governs relationships between individuals, associations, and companies.
• Commercial Law: Specifically applies to commercial transactions.
• Civil Law: Covers contracts, family law, liability, and property, primarily based on the 1804 French civil code.

Public Law

• Scope: Governs the relationship between the individual and the state.
• Constitutional Law: Defines fundamental rules for the state's organization.
• Administrative Law: Deals with the state's administration, public finances, and taxes, and their relationship with individuals.

International Law

• National, regional, and international: International public law governs relations between states and international organizations. International private law governs relationships between private individuals (e.g., citizens in different countries).
• Hierarchical structure: Listed in order of hierarchy from highest to lowest: Constitution, International conventions/treaties, Parliamentary laws, Case laws, Decrees/ordinances, Individual contracts

French Law Overview

• Civil Law System: Codified, written rules, compared with Common Law system relying on judicial precedent.
• French Legislature: National Assembly (577 seats), directly elected; Senate (331 seats).
• Parliamentary Laws: Bills are initiated by the government or parliament; must be approved identically in both chambers.

Constitutional Sources of French Law

• Constitution of October 4, 1958: Fundamental law; preamble and articles.
• Preamble (Declaration of the Rights of Man): Derived from previous documents.
• Constitutional Council: 9 members appointed for life; reviews laws to ensure compliance with the constitution

The Law in France

• Two Types of Laws: Government (projet de loi) & Parliament (proposition de loi)
• Sent to National Assembly/Senate → Majority vote (50%+1 in each chamber), back-and-forth.
• Amendment: Modifications by both chambers until final approval.
• Article 49.3: Allows the government to pass laws without parliamentary approval (budget matters only).
• Counterpower: Censure, replacing the prime minister.
• Scope of Law: Constitution defines legislative areas. Remaining matters fall under regulations; different levels of authority.
• Constitutional Council: Checks compliance with the constitution; cannot make laws or seize all laws.

Binding Force of Law

• Stages of enactment: Enactment/Promulgation, then Publication.
• Law's validity: binding from entry into force until repeal (express, tacit, or obsolescence).
• Case Law: Judge-made law, creates precedents. Restrictions on judges' powers to create law.