An Essay on ordinary law

This work offers a comprehensive study on the droit commun (approximately translated into general rules of law or ordinary law), a fundamental concept at the core of the theory and daily practice of French law. Contrary to traditional approaches involving the impression of a changing and variable concept (civil law, general theory, Roman law, European law, principles?), droit commun is a technical concept referring, for a given institution, to the legal rules whose scope of application is indefinite.

The Distinction between Obligation and Duty in Private Law

Obligations and duties are often confused. However, their distinction is fundamental. The present essay proposes to distinguish the two concepts by drawing the criterion of distinction in the structure and the source of the situation of passivity. In terms of structure, the obligation differs from the duty by the existence of a determined debtor and creditor. The structure of the obligation separates it from duties that do not exist between two determined parties. Nevertheless, this first criterion is insufficient.

The Concept of Business under Labour Law

In Law, the firm is the result of a complex amalgam of legal concepts (employment contract, legal personality, collective representation of workers, etc.). The systematic ordering of these ones is needed to perceive the coherence of the legal organization of that one. Guidelines emerge. Employment contract is the meeting of two parties whose interests are antagonists. But the release of the labor force of the employee, part of his person , and the sustainability of the contract require them to cooperate.

Gambling and Betting in the Law

Games of chance were known and practiced by man since the earliest civilizations. But all the way since the greco-roman antiquity, these games have attracted the ire of moralists, clergymen and legislators, each for their own motives.Strict laws were enacted by the Antiquity legislators, laws that were later upheld by canonists and jurists of the Old law, as well as the civil Code editors, in order to eliminate, or at least confine this recreational practice.

The Surviving Spouse and the Children of the Deceased

The law dated December 3rd, 2001 realized, undoubtedly, a major step forward in the protection of the surviving spouse since it recognizes for him a legal vocation in property and it allows himself, the rest of his life, to remain in the matrimonial home. Nevertheless, this protection turns out to be insufficient for the one to which the law closes the option for the legal usufruct : the survivor left with at least one child stemming from a previous union.

Reparation in the case law of the Inter-American Court of Human Rights

The international reparation of damages suffered by individuals is a relatively new subject that hasn't received the amount of attention it deserves from international law. The international responsibility of the State towards individuals is indeed a topic missing from the Draft articles on responsibility of States for internationally wrongful acts adopted in 2001 by the United Nations International Law Commission, which was mainly featured to discipline the responsibility of a State towards another State.

The Relationship between the French Treasury and the Franc Zone Central Banks

The monetary agreements of France and the CFA franc zone are based on the permanent free convertibility of the CFA. In this case, the French Treasury supports the free convertibility of the CFA franc into Euros and other currencies with a fixed change rate. The BCEAO and the BEAC accordingly cannot suffer from the lack of changes risk for, they are both guaranteed by France. Such a parity and interdependence principles inherited from the colonial period was renewed in the 1960's up to 2005 reforms.

From Self-governance of Dominions to Devolution: Research on the Emergence and Development of the British Constitution

This study aims at identifying a « British » constitution distinct from the English constitution. If popular language tends to confuse one part with the whole, England with the United Kingdom, so do jurists. The concept of a British constitution aims at capturing the way in which constitutional law may have grasped the fundamental tension between two seemingly antagonist ideas, unity and diversity.

The notion of unfair terms

The legislation on unfair terms set out by Article L. 132-1 of the French Consumer Code is applied on a daily basis.  The notion of unfair terms nevertheless remains unclear. Thirty-five years of inconsistent and erratic application have indeed contributed to making this legislation inaccessible and difficult to predict, thereby damaging legal security.The reinforcement of this notion necessitates a two-pronged approach.