Introduction to Law + Contract Law PDF

Introduction to law + contract law Dates and exams : Continuous grade 50% of the final grade : - Practical case in group - One MCQ, 20 questions around October/November Final Exam 50% : - A practical case 10point + some question 10point Introduction : Definition of the...

Introduction to law + contract law Dates and exams : Continuous grade 50% of the final grade : - Practical case in group - One MCQ, 20 questions around October/November Final Exam 50% : - A practical case 10point + some question 10point Introduction : Definition of the law = The law is to manage and regulate human relationship, different from moral, the law is mandatory, is general, permanent, public (=between one individual and the State) or private (=between individuals and private communities/enterprise), national or regional or international, hierarchical. The law is permeant, the rules of law applies consistently and uniformly to all situations that it regulates until it be repealed (=abrogée) The law = “Laws means any rule that is general and impersonal resulting from collective will and endowed with strength binding” (=la force contraignante). The law designates legal standard who come from legislative authority Decrees and orders (regulation) = They means any rule that is general and impersonal resulting from government or local will endowed with the binding force. Decrees and orders are the norms taken either by executive power or administrative authorities. Decrees by the president and the prime minister only. Order by the minister and other. Courts decisions/case law (jurisprudence) = All the decisions given by a competent jurisdiction Private law is mainly composed of = - Commercial law: between commercial compagnies, individuals - Civil law (governs family) : all private reports → all the rules are grouped together in the Civil Code in 1804 by Napoleon Public law is mainly composed of = one that governs the legal relationship in which intervene the state and the citizens - Constitutional law: rules organization of the state, principles - The administrative law: regulates the structure of the administration and its relation with individual International Public law = rules between two States, organize the powers of International Organizations International Private law = between individuals when there is a foreign elements involve European law = the result of the Treaty of Rome (25th March 1957) The more powerful to the least powerful (must respect the above)= Constitution – international conventions – European law – laws – jurisprudence/case laws – decrees/ordinances – individual contracts French law overview : French law belongs to the family of civil law systems The French legislature consists of two chambers : we also said the legislature for the Parlement which is composed of this : - The National Assembly : 577 seats, members are elected by direct popular vote for five years - The Senate : 331 senators elected by electoral colleges for six years Laws or bills are initiated by the government or by members of either chamber, they are examined by both chambers. A bill must be adopted in identical terms by each chamber to become final. If no agreement is reached the bill is sent to a joint committee to attempt to find a comprise. In case of failure, the government may grand the final say to the National Assembly (=”le gouvernement pourrait accorder le dernier mot à Assemblée national”) France has a dual system of courts, with judicial courts (civil and criminal courts) on the one hand and administrative courts on the other hand. Each court system is headed by a supreme court. - Judicial Courts, is headed by the Cour de cassation, six members (3 civil chamber, 1 commercial and financial chamber, 1 social chamber and 1 criminal chamber), is referred to ass the guardian of the law, essential purpose is to ensure that the interpretation of the law is uniform throughout the country. Lower courts include : the court d’appel, the tribunaux de grand instance, the tribunaux d’instance, and several specialized courts such as the tribunaux de commerce and the conseil de prud’hommes - The administrative courts, is headed by the conseil d’etat, below which are the regional Cours Administrative and the tribunaux administrative French National Sources of the law The constitution  The Constitution of October 4, 1958 is the fundamental law of the Fifth French Republic. Is has a Preamble and a hundred articles in it which was adopted through a referendum (= when the president ask a question to the citizens and you can answer only by yes or no) on September 28. The constitution includes 16 titles and a hundred articles. The preamble refers to three fundamental texts : (the bloc of constitution) - The declaration of the right of man and of the citizen of august 26th 1789 - The preamble of the constitution of the 4th republic of the 27 of October 1946 - The Constitution - The charter of the environment of 2004 (=forms the bloc of constitutionality) Two institutions for laws : - Law project/bills : by the Government (projet de loi) - Proposition of law : by the Parlement (proposition of law) Firstly, sent to the National Assembly, must attempt the majority (50%+1) and the text is sent to the Senate and secondly must attempt the majority (50%+1) Amendment : modification on a text For adopting a law, the text of the law must be voted on the exact same text, if someone change something, the text must be voted again. This game can continue three times (because everyone make amendment) and the National Assembly has the last word as the citizens have voted for the deputies. If no agreement is reached the bill is sent to a joint committee to attempt to find a compromise. 49.3 : articles of the constitution used by the Government only about finances and public budget (to pass a budget) that can be used by avoiding the Parlement and validate the law Counter-power as we are in a democracy : the national assembly can apply/vote a motion of censure to remove the actual prime minister and find a new one The law : Parliamentary law (national assembly/senate) is opposed to Constitutional law and to Referendum law (yes/no) The Scope of the law : The constitution will delimit the legislative domain : all the subjects and theme where the Parliament is competent to vote the laws (article 34 of the constitution). If a subject isn’t written in the list, will not be the competence of the Parliament but by the regulation (orders/decrees) such as the Government (prefects, ministers) will deal with the rest. The constitution council (=conseil constitutionel) verify if the law of the Parlement respect the Constitution, but only if he is seize (otherwise there are too many law to check). This verification can be done before the promulgation or after. But it doesn’t have the power to seize (=saisir) every laws so they have to transfer them to other constitutions. The president, the prime minister, the president of the national assembly and the president of the senate, can seize the constitution council. But this 4 persons are the most of the time from the same parti so the opposition cannot seize the constitution council expect if 60 deputies or 60 senators are together and they can seize the constitution council. 9 person composed the constitution council : 3 named by the French president ; 3 named by the president of the assembly ; 3 named by the president of the senate The old presidents have the right to life to be in the constitution council Juged cannot create law but he have the devoir to judge, so when the law is incomplete he can interpretation or adapt the law (article 5) Difficult word or expressions : “fined” = amende Bills = projet de loi