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Principles of French Law offers a comprehensive introduction to
French law and the French legal system in terms which a common
lawyer can understand. The authors give an explanation of the
institutions, rules and techniques that characterize the major
branches of French law. The chapters provide the reader with a
clear sense of the questions that French lawyers see as important
and how they would answer them.
In the ten years since the publication of the first edition,
French law has changed in significant ways. European Union law and
the European Convention on Human Rights have had a significant
impact especially on procedural law and family law. There has been
a new Commercial Code, major legislation on divorce, succession and
criminal law, as well as significant developments in the
Constitution. In addition, there have been very considerable
developments in the case-law and a much discussed proposal for
reform of major areas of the law of obligations.
The chapters present not only the rules of law, but, where
appropriate, the principles and values underlying the system.
Considerable use is made of juristic literature and of examples
from French case law.
The book is designed for students studying French law at both
undergraduate and postgraduate level, and as preliminary reading
for students about to study in France. It will also serve as an
initial point of reference for scholars embarking on a study of
French law.
Principles of French Law offers a comprehensive introduction to
French law and the French legal system in terms which a common
lawyer can understand. The authors give an explanation of the
institutions, rules and techniques that characterize the major
branches of French law. The chapters provide the reader with a
clear sense of the questions that French lawyers see as important
and how they would answer them. In the ten years since the
publication of the first edition, French law has changed in
significant ways. European Union law and the European Convention on
Human Rights have had a significant impact, especially on
procedural law and family law. There has been a new Commercial
Code, major legislation on divorce, succession and criminal law, as
well as significant developments in the Constitution. In addition,
there have been considerable developments in the case-law and a
much discussed proposal for reform of major areas of the law of
obligations. The chapters present not only the rules of law, but,
where appropriate, the principles and values underlying the system.
Considerable use is made of juristic literature and of examples
from French case law. The book is designed for students studying
French law at both undergraduate and postgraduate level, and as
preliminary reading for students about to study in France. It will
also serve as an initial point of reference for scholars embarking
on a study of French law.
The centrepiece of this work is the French Constitution of 1958,
portrayed by the author as an innovative hybrid construct whose
arrival brought the constitutional stability that had eluded France
for centuries. But the creation of the 1958 Constitution was not an
isolated act; it represents part of an evolutionary process which
continues to this day. Even though it is codified, the constitution
of the Fifth Republic has evolved so markedly that some
commentators have dubbed the present institutional balance the
'Sixth Republic'. It is this dynamic of the constitution which this
book seeks to explain. At the same time the book shows how the
French constitution has not developed in isolation, but reflects to
some extent the global movement of ideas, ideas which sometimes
challenge the very foundations of the 1958 Constitution.
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