Query : Commentaire de jurisprudence
- Carré, Stéphane5
- Reygrobellet, Arnaud3
- Robine, David3
- Ruet, Laurent3
- Tusseau, Guillaume3
- Ballot-Léna, Aurélie2
- Bourassin, Manuella2
- Champeil-Desplats, Véronique2
- Dujardin, Guillaume2
- Granier, Thierry2
- Wéry, Patrick2
- Benhamouda, Sarah1
- Berthier, Bruno1
- Bouhon, Frédéric1
- Choné-Grimaldi, Anne-Sophie1
- Christakis, Theodore1
- Cruysmans, Edouard1
- David DesBaillets1
- De Schutter, Olivier1
- Political Science5
- Social Anthropology and Ethnology4
- Economies and Finances2
- Classical Studies1
- Cultural Heritage and Museology1
Note: Council of State, Section, 7 May 2010, No 304376. General Insurance Company of France and M. Ajpot
Warning of securities: a thrust of solutions favourable to banks
National hearing Five judgments delivered by the Commercial Chamber of the Court of Cassation at the beginning of 2018 illustrate the difficulties faced by guarantors seeking the liability of creditor banks for lack of custody. The rejection or limitation of compensation is based on three main cause...
Respect for the formalism of assignment to a common fund of claims: on the judgment of the Commercial Chamber of the Court of Cassation of 13 February 2007
Commentary on case-law: with regard to the judgment of the Commercial Chamber of the Court of Cassation of 13 February 2007 (Appeal No 03-11.025. Judgment No 1891) The failure to produce the schedule for the assignment of claims to the common fund of claims under the conditions laid down by the legi...
The SARL of chartered accountants is not entirely a limited liability company (Com. 21 June 2011, No 10-22.790)
What sanction should you fail to provide a copy of the application? (note under Cass. 2e Civ., 1 Sept. 2016, No 15-23326)
Commentary on the case-law of the Italian Constitutional Court on parliamentary immunities
Literature commentary [J. Ringelheim, Cultural Diversity and Human Rights. The protection of minorities by the European Convention on Human Rights, Coll., U.C.L. Human Rights Centre, Volume 5, Brussels, Bruylant, 2006, 490 pages.]
The book referred to in this bibliographic commentary is based on the thesis that J. Ringelheim supported in September 2005 at the Legal Science Department of the European University Institute in Florence. It analyses the gradual inclusion, in the case-law of the European Court of Human Rights, of t...
Civil banking and financial case law 2004-2005: comment and inventory
STATE RESPONSIBILITY FOR PROTECTION AGAINST DOMESTIC VIOLENCE: THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS DECISION IN LENAHAN (GONZALES) AND ITS APPLICATION IN CANADA
In August, 2011, the Inter-American Commission on Human Rights released its decision in Jessica Lenahan (Gonzales) v United States, a case concerning states’ obligations to use due diligence in responding to domestic violence. The IACHR found that the United States had breached several articles of t...
Dismissal procedure: application of Article 16.2 of the National Collective Road Transport Agreement: note to the Cour d’appel Bourges, 14 March 2008, No 07/01162, Bouilloux v Transports Coquelet
Commentaire No 253 Satisfait to the requirements of the national collective agreement for the road transport sector, the undertaking which states, in the letter notifying the dismissal, and not by prior letter, that the sick employee’s absences require him to replace him.
Legal regime for compensatory rest in the TRM: note under Cassation soc., 6 February 2019, No 17-23.723
Comment No 1092 Compulsory rest compensation applicable to mobile road freight transport workers cannot be combined with compulsory counterparts on rest under the ordinary labour law.
The merger involves the transfer of the liability to be contraventially in the assets of the acquiring company: a welcome clarification from the CJEU (note ss. CJEU, 5 March 2015, Case C-343/13 Modelo Continente Hipermercados SA)
Regulatory proficiency check and dismissal for incompetence of a line pilot: note to the Cour d’Appel Pau, 8 February 2010, ‘Herault c/Régional — Compagnie aérien européenne’, JurisData No 2010-009166
Commentary No 225. The dismissal of a commander on board for professional incompetence following a negative check of his competence is lawful, irrespective of the irregularities which may have been detected during previous procedures and checks, provided that the employee’s unfitness is in fact demo...
Mr Daniel Massé, adviser to the prefecture on non-active status. Labour legislation and labour laws (Classification; comments; case law; legislation compared; draft and draft laws). — Berger-Levrault et Cie, Publishers, 5, rue des Beaux-Arts, Paris
Cr. Mr Daniel Massé, adviser to the prefecture on non-active status. Labour legislation and labour laws (Classification; comments; case law; legislation compared; draft and draft laws). Berger-Levrault et Cie, Publishers, 5, rue des Beaux-Arts, Paris. In: International Education Review, Volume 47, J...
Civil liability of journalists: some forward-looking reflections at the beginning of a judgment
SUMMARY: Introduction/1- the press and its interference: principles introductifs/2- Application of these principles to judgment commenté/3- Structure of commentary/I. Civil liability of journalistes/4- The press offence: an offence which is in the process of disappearing (?)/5 — The foundations of t...
First case of European sanction for “manipulation” of national public accounts
Scope of the Insolvency Regulation (29 May 2000): between repetitions and clarifications (note to CJEU, 4 December 2014)
Chronic case-law on administrative law and constitutional law: from the extension of the autonomy of universities to the recruitment of teachers (Supreme Court of Justice of the Argentine nation, 3 May 2017, CSJ 512/2013 (49-R)/CS1, Ryser, Walter Adolfo c v Universidad Nacional de Catamarca s/apelación art 32 ley 24.521) and L’Esprit de l’Ours Grizzly against the valorisation of provincial public property (Supreme Court of Canada, 2 November 2017, Ktunaxa Nation v. ColombieBritannique (Forests, Lands and Natural Resource Operations), 2017 CSC 54)
Comment on the decision of the Argentinian Supreme Court of Justice of 3 May 2017, CSJ 512/2013 (49-R)/CS1, Ryser, Walter Adolfo v Universidad Nacional de Catamarca.
Notarial repertoire — Volume IV — Book I Obligations — Part I The general theory of the contract
Based in 1960 by notaries Alfred Genin and Jean Baugniet, Répertoire Notarial covers all the materials used by notaries. As a symbol of excellence, the collection consists of 19 tomes and consists of more than 140 treaties, the drafting of which is entrusted to leading authors, all specialising in t...
Case law — Administrative law and constitutional law: Foreign case law: Intermediate governments and political function of constitutional courts. Fundamental right to hunt and freedom of association
Commentary on the decision of the Constitutional Court of Lithuania, 11 juill. 2019, case No 9/2018
The International Covenant on Economic, Social and Cultural Rights. Commentary article by article
Adopted on 16 December 1966 and entered into force on 23 March 1976, the International Covenant on Economic, Social and Cultural Rights, together with the International Covenant on Civil and Political Rights, consists of the International Charter of Human Rights under the keystone of the Universal D...
Memo under Com, 9 July 2013
Disposal of shares by a debtor in possession: so bad for the bona fide transferee! (comments on Cass. com., 16 September 2014)
Failure to comply with the provisions of the former Articles L. 341-2 and L. 341-3 of the Code de la con-sommation is not contrary to the French view of international public policy (observations on Cass. civ. 1st, 2 December 2015)
Opinion of the CNCDH of 21 January 2010 on the wearing of the full veil
National hearing to come