Vloga Kasacijskega sodišča v francoskem pravnem sistemu

slovenian

2006

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The author in the article provides an overview of the legal regulation and activities of the Cour de cassation and its different roles within the French legal system. She draws attention to the fact that originally the Cour de cassation's primary role was to act as the highest authority within the civil law judiciary and to assure the correct application of the law and uniformity of the French case law. Today, the Cour de cassation plays an important role as one of the creators of the law as well. Under the guidance of the Cour de cassation the French judiciary with a creative approach to the applicability of the law substantially contributes to the formation of the legal system. The author also discusses doctrinaire disagreements with respect to the nature of the French case law, especially in the light of the question whether it maybe considered a formal legal source or not. She comes to the conclusion that such questioning is unproductive and that the problem should be approached differently. Finally, the author analyses the actual state of affairs in the French legal environment which points to the fact that the case law in France is de facto considered as part of the positive law.

26.01.2021