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Enforcement of Judgments: The French Approach to the Judicial Officers Profession Based on the Liberal Model . Summary. 1 Introduction 2 Particularities of French law 3 Development of the French approach. World Bank – 25 - Page 2. 1 Introduction. - PowerPoint PPT Presentation
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Enforcement of Judgments: The French Approach to the Judicial Officers
Profession Based on theLiberal Model
Summary
1 Introduction
2 Particularities of French law
3 Development of the French approach
World Bank – 25 - Page 2
1 Introduction
• Reform of the recourses to enforcement (1991)
• A recent reform in line with the legal and social changes
• The statement of a principle: the right to performance - Its assertion in French law;
- Its recognition in international law;- Its exportation to comparative law
World Bank – 4.25.2006 - Page 3
2 Particularities of French law
• The mainstay of the law of enforcement in France
• The notion of procedure of enforcement• The role of the judge in the enforcement• The role of the judicial officer in the enforcement
World Bank – 4.25.2006 - Page 4
2 Particularities of French law
• The notion of the procedure of enforcement
• Definition• Relation with provisional measures and conservatory measures
World Bank – 4.25.2006 - Page 5
2 Particularities of French law
• The role of the judge in the enforcement
• Judge of the enforcement• Reinforcements of the writs of execution• Consequences: the power of the judiciary is more and more limited on the procedure of enforcement
World Bank – 4.25.2006 - Page 6
2 Particularities of French law
• The role of judicial officer
• His status• His powers• His duties
Self-regulation of the judicial officer
World Bank – 4.25.2006 - Page 7
3 Development of the French approach
• The action of the International Union of Judicial Officers
• The will of the national French chamber to give an international dimension to the profession of judicial officers: the birth of the UIHJ (1952)• The first phase of the action of the UIHJ (1952 - 1992)• The fall of the Berlin wall and its new action
World Bank – 4.25.2006 - Page 8
3 Development of the French approach
• UIHJ today
World Bank – 4.25.2006 - Page 9
3 Development of the French approach
• UIHJ today
World Bank – 4.25.2006 - Page 10
3 Development of the French approach
• UIHJ today
World Bank – 4.25.2006 - Page 11
3 Development of the French approach
• UIHJ today: its missions
World Bank – 4.25.2006 - Page 12
1) Action to the developing countries/ countries in transition
- Action in Eastern Europe- Action in Asia
3 Le développement de l’approche française
• UIHJ today: its missions
World Bank – 4.25.2006 - Page 13
2) The promotion of the liberal status of judicial officer
- What si at Stakes?
- The action in central and oriental Europe ( ex. Hungary,
Slovakia, Poland, Romania)
- The action in the Caucasus (Azerbaijan – Khazakhstan)
- The action in Asia (ex. Thailand)
3 Development of the French approach
• UIHJ today: its missions
World Bank – 4.25.2006 - Page 14
3) The training
- What is at stake?- The action in Afrique - OHADA