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French Civil Law
The Law of France refers to the legal system in the French Republic, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the French legal codes is the Napoleonic Civil Code, which inspired the civil codes of Europe and later across the world. The Constitution of France adopted in 1958 is the supreme law in France. European Union law is becoming increasingly important in France, as in other EU member states. In academic terms, French law can be divided into two main categories: private law (''Droit privé'') and public law (''droit public''). This differs from the traditional common law concepts in which the main distinction is between criminal law and civil law. Private law governs relationships between individuals. It includes, in particular: * Civil law ('). This branch refers to the field of private law in common law systems. This branch encompasses the fields of inheri ...
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France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area extends from the Rhine to the Atlantic Ocean and from the Mediterranean Sea to the English Channel and the North Sea; overseas territories include French Guiana in South America, Saint Pierre and Miquelon in the North Atlantic, the French West Indies, and many islands in Oceania and the Indian Ocean. Due to its several coastal territories, France has the largest exclusive economic zone in the world. France borders Belgium, Luxembourg, Germany, Switzerland, Monaco, Italy, Andorra, and Spain in continental Europe, as well as the Netherlands, Suriname, and Brazil in the Americas via its overseas territories in French Guiana and Saint Martin. Its eighteen integral regions (five of which are overseas) span a combined area of and contain clos ...
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Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ...
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Council Of Ministers Of France
The Government of France (French: ''Gouvernement français''), officially the Government of the French Republic (''Gouvernement de la République française'' ), exercises executive power in France. It is composed of the Prime Minister, who is the head of government, as well as both senior and junior ministers. The Council of Ministers, the main executive organ of the Government, was established in the Constitution in 1958. Its members meet weekly at the Élysée Palace in Paris. The meetings are presided over by the President of France, the head of state, although the officeholder is not a member of the Government. The Government's most senior ministers are titled as ministers of state (''ministres d'État''), followed in protocol order by ministers (''ministres''), ministers delegate (''ministres délégués''), whereas junior ministers are titled as secretaries of state (''secrétaires d'État''). All members of the Government, who are appointed by the President following ...
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Ordonnance
In French politics, an ''ordonnance'' (, "order") is a statutory instrument issued by the Council of Ministers in an area of law normally reserved for primary legislation enacted by the French Parliament. They function as temporary statutes pending ratification by the Parliament; failing ratification they function as mere executive regulations. ''Ordonnances'' should not be confused with '' décrets'' issued by the prime minister (an order-in-council) or president, or with ministerial orders (''arrêtés''); these are issued either in matters where the Constitution allows primary legislation from the Council or as secondary legislation implementing a statute. In the French justice system, the word can also refer to a summary ruling made by a single judge for simple cases. Current usage Motivations Article 34 of the Constitution of France restricts certain legal matters to primary legislation to be enacted by Parliament. All other areas of law fall within the domain of delegate ...
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President Of France
The president of France, officially the president of the French Republic (french: Président de la République française), is the executive head of state of France, and the commander-in-chief of the French Armed Forces. As the presidency is the supreme magistracy of the country, the position is the highest office in France. The powers, functions and duties of prior presidential offices, in addition to their relation with the Prime Minister of France, prime minister and Government of France, have over time differed with the various constitutional documents since the French Second Republic, Second Republic. The president of the French Republic is the ''Ex officio member, ex officio'' Co-Princes of Andorra, co-prince of Andorra, grand master of the Legion of Honour and of the Ordre national du Mérite, National Order of Merit. The officeholder is also honorary proto-canon of the Archbasilica of Saint John Lateran in Rome, although some have rejected the title in the past. ...
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Constitutional Council (France)
The Constitutional Council (french: Conseil constitutionnel; ) is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rules are upheld. It is housed in the Palais-Royal, Paris. Its main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted by Parliament and before they are signed into law by the President of the Republic (''a priori'' review). Since 1 March 2010, individual citizens who are party to a trial or a lawsuit have been able to ask for the Council to review whether the law applied in the case is constitutional ( review). In 1971, the Council ruled that conformity with the Constitution also entails conformity with two other texts referred to in the preamble of the Constitution, the Declaration of the Rights of Man and of the Citizen and the preamble of the constitution of the Fourth Republic, both ...
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Organic Law
An organic law is a law, or system of laws, that form the foundation of a government, corporation or any other organization's body of rules. A constitution is a particular form of organic law for a sovereign state. By country France Under Article 46 of the Constitution of France, organic laws (in French, ''lois organiques''; in English sometimes translated as Institutional Acts) are a short, fixed list of statutes (in 2005, there were about 30 of them) specified in the Constitution. They overrule ordinary statutes. They must be properly enacted by the Parliament of France following a special procedure and must be approved for constitutionality by the Constitutional Council of France before they can be promulgated. Organic laws allow flexibility if needed. An important category of organic laws includes the budgets of the French state and French social security. Other organic laws give the practical procedures for various elections. Organic laws reduce the need for amendments ...
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Treaties Of The European Union
The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification (according to their national procedures) of every single signatory. Two core functional treaties, the Treaty on European Union (originally signed in Maastricht in 1992, aka The Maastricht Treaty) and the Treaty on the Functioning of the European Union (originally signed in Rome in 1957 as the Treaty establishing the European Economic Community, aka The Treaty of Rome), lay out how the EU operates, and there are a number of satellite treaties which are interconnected with them. The treaties have been repeatedly amended by other treaties over the 65 years since they were firs ...
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Treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal persons. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. However, only documents that are legally binding on the parties are considered treaties under international law. Treaties vary on the basis of obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). Treaties are among the earliest manifestations of international relations, with the first known example being a border agreement between the Sumerian city-states of Lagash and Umma around 3100 BC. International agreements were used in ...
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Conseil D'État (France)
In France, the Council of State (french: Conseil d'État, links=no, ) is a governmental body that acts both as legal adviser to the executive branch and as the supreme court for administrative justice. Established in 1799 by Napoleon as a successor to the King's Council (''Conseil du Roi''), it is located in the Palais-Royal in Paris and is primarily made up of top-level legal officers. The Vice President of the Council of State ranks as the ninth most important civil servant in France. Members of the Council of State are part of a Grand Corps of the French State (''Grand corps de l'État''). The Council of State mainly recruits from among the top-ranking students graduating from the École nationale d'administration. Composition A General Session of the Council of State is presided over by the Prime Minister or, in their absence, the Minister of Justice. However, since the real presidency of the Council is held by the Vice-President, the Vice President of the Council of St ...
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Constitutional Law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions, though all such states have a '' jus commune'', or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law, or international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles ac ...
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Administrative Law
Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), adjudication, or the enforcement of laws. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In civil law countries Unlike most common law jurisdictions, most civil law jurisdict ...
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