droit civil étranger
1066
battle of hastings (duke of normandy)
before the norman invasion ?
no unified system of law
each locality had its customs, legal system
william the conqueror
did not abrogate the traditionnal laws
chage the organize of court and the subdivied of land
what do william the conqueror ?
divided the land upon 1500 of his followers
que devait faire les gens qui ont hérité des terres ?
oath of fealty
payment of spe sums vassals
performance of spe service
who surrounded the king
cuncil of advisor : curia regis
≠ court at medieval
court of king's brench
court of exchequer
court of common pleas
court of travelling justice
why old rule of the anglo-saxon lost their importance ?
movement of civilization and unification = common law
what is the 2 institutionals of the common law from medieval
the writ and the equity
what is the writ
document of claim -> "command" of the king delivered by a royal officer ordering the revelant official or magistrate to call the defendant to court and to resolve the dispute
how have access to court with writ
you could only go to court on the basis of a specific writ
quelles sont les conséquences de la mulitiplication des writ ?
book of writ (réunion des writ for habitual litigation)
royal court start to become less creative
what the only remedies possible ? and what is the consequence ?
the monetory remedies
equity start to emerge
what is equity ?
subject would petition the king to compel their adversary to do "as morality and good conscience required"
at who is transmit the petition to the king ?
the king transmit those petition to his highest official : the chancellor ("the keeper of the king's conscience")
qu'est-ce que qui marqua la fin de l'âge mediéval ?
the juridicature act of 1872-1873 (came into force in 1875)
what permit to do the juridicature act ?
reorganize the court system
get rid of writ system -> writ of summons
all court have the capacity to provide remedies in common law and equity
quel est le nouveau systeme ?
the supreme court system :
- hight court with spe division
- court of appeal
- house of the lord
- united kingdom supreme court (creat by the constitutional reform in 2005)
what is the practical nature of the common law
the jury
the education system
who is the jury ?
witnesse (local population) but the lawyers have to pleas simple question -> the procedure was simple, efficient and fast
jury lost their importance -> only in criminal cases and some particular civil cases
judges -> question of law
jury -> question of fact
what is the teaching of the common law ?
student don't go to university
inn's of court (in london) -> the corporate system
libraries of inn's court
university start to appears in the 19th century
now : first university and after inn's of court
what is the 2 category of lawyers ?
sollicitor : deal with client
barrister : plead in court -> most inns + only become judges (choose/vote by other -> only the best one)
who said that the law is made by judges and why ?
sue lesson -> inductive system based on analogy
judges can crate a law if a set of fact does not quite fit into the body of rules
the new rules nme "precedent" (only court of appeal or supreme court)
what is the part of the decision who can bind future court
re juridicata (chose jugée) :
- ratio decidendi : là où on peut trouver l'applcation de la loi ou les pincipes qui peuvent être réutilisé dans d'autre affaire
- obiter dictum : le reste de la décision
entre des affaires l'un peut être l'autre…
who said "the life of the law has not been logic : it has been experience"
oliver wendell holmes
who can product statute ? what is statute ?
the parliament : "the sovereignty of parliament"
treat of a specific field -> create categorie
ex : consumer right in 2005 / employment relation act in 1996
what contains statute ?
"statutory provision" :
- set general principles
- create categories
what can do judges with statute ?
"statutory interpretation" : not to contradict the content and the purpose of the statute
-> "purposive approach"
when the contract law appears ?
in the 19th century
what is the two categorie of contract in the the common law ?
the contract law
the tort law
what do contracts contain?
collection of promises -> the terms
- express terms and implied terms
- condition (terms fundamental : damage and terminate contract) and warranties (only damage)
tort ?
duty of care : set of factual situation
negligence
presumption of no duty :
- the damage are purely eco and psy
- the defendant only failed to act
what is the many function of tort ?
- to obtain reparation with personal injury
- to hold governmental bodies accountable fo their actions
- to protect property rights
- '' people's reputation