Legal Ethics In France



The origins of the French legal system : 


That is laid out in a key document originally known as the Napoleonic code or Civil code which laid down the obligations and rights of citizens, and the laws of contract, inheritance and property, etc. The Civil Code remains the cornerstone of French law until now. Before that, it has been updated and extended many times to take account of changing society. There are other codes, like Penal code which defines criminal law.

The making of law :


Laws in France are like other democratic countries are generally proposed by the Government and it must be passed by the two houses of the French Parliament, which National Assembly and the Senate. It becomes law from the date on which it has been passed by Parliament, and signed by the President, and published in the Official Journal. Statutory instruments become law on signed by the minister and being published in the Journal Official. Publication in the electronic version of the Official Journal is sufficient.



The two branches of French law :


Unlike the others Western countries, France has a dual legal system; one branch, known as Public law, which defines as the principles of operation of the states and public bodies. This law is applied normally through public law courts. The other system known as private law, applies to private individuals and private bodies.

1. Private law - le droit privé 

Land law is administered through the judicial courts. There are two judicial channels, those dealing with civil litigation and those dealing with criminal offences :

  • Basic civil litigation concerning private individuals is dealt with by a local court or by a departmental or regional court depending on the type of the case. The institutions known as "first degree courts" administered the commercial and business law.Appeals are heard in a Court of Appeal, a "second degree court". There is a fundamental right of appeal in all cases in France. In exceptional circumstances, judgements of the Appeal Court can be contested at the highest level, the French Supreme Court in matters of private law. 
  • Everyday offences and petty criminal matters are generally dealt with either by a Local Magistrate or a Police Court; more serious matters will be referred to the criminal law equivalent of the Tribunal de Grande Instance (TGI). The most serious such as notably murder, rape and criminal offences, will be referred to an Assize court where they will tried by jury.

2. Public law - le droit public

In Administrative Courts, complaints or litigation concerning public officials in the exercise of their office. For example, universities or colleges are regularly taken to court over claimed irregularities in the system of exams. As in the private law system, appeals can be lodged in the Administrative appeals court. The Supreme Court for public law is the Council of State, the body finally responsible for determining the legality of administrative measures.