Document: Comparativelaw, fiche de trois pages en anglais
Extrait: What is comparativelaw? It is not international law but there are some connections between these two matters. It permits to know how another legal system works. With comparativelaw, we try to see the differences, the relationships? between two systems, the mentalities of the different systems?
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[...] 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. [...]