Anglais et lois

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  • Publié le : 4 janvier 2011
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English law is learning in France since a longtime and a lot of studies, likes in Faculty, propose to learn it.
But why is it so interesting to know English law in France?
The common lawis the legal system prevailing in the countries of Anglo-Saxon influence and France can inspire her because English law is in a huge part based on equity which is decisions of judge. So, English lawevolves more quickly than French law based on codes. It is moreover necessary to admit that the rights, of Common law, more empirical than that of our codes, are better anchored in their cultural,ideological and economic environment. This anchoring is a major factor of influence, when the globalized economy lives at the hour American time.

To begin by the start, we can say that knowing commonlaw is interesting in an historic context because in many reasons English law inspired us in our right by the past. For example, the separation between the legislative power and the executive power.Moreover, their rights for human being are integrated to English law very early and France took example to them. We can take the case of the Magna Carta in 1215 which establishes the Habeas Corpus whichprevents, among others, the arbitrary detention.

In a second part, I think that learning Common law today in France, is interesting because of the globalization. Indeed, the compared-law is inprogress. In an international world you have to know the right of the other countries and moreover rights of close countries. If an English citizen and a French citizen are in a conflict, which lawapplied; French law or English law? And if it’s the English law, the French have to be informed of it. This theory is available in a European logical and in an international logical and this tendency isgrowing up every day.
Finally, knowing English law seems really important in the international business law: in fact, multinationals are mostly based on Common Law; with the globalization they...
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