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Enforcement of Judgments: The French Approach to the Judicial Officers Profession Based on the Liberal Model
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Enforcement of Judgments:

Jan 22, 2016

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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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Page 1: Enforcement of Judgments:

Enforcement of Judgments:   The French Approach to the Judicial Officers

Profession Based on theLiberal Model   

Page 2: Enforcement of Judgments:

Summary

1 Introduction

2 Particularities of French law

3 Development of the French approach

World Bank – 25 - Page 2

Page 3: Enforcement of Judgments:

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

Page 4: Enforcement of Judgments:

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

Page 5: Enforcement of Judgments:

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

Page 6: Enforcement of Judgments:

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

Page 7: Enforcement of Judgments:

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

Page 8: Enforcement of Judgments:

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

Page 9: Enforcement of Judgments:

3 Development of the French approach

• UIHJ today

World Bank – 4.25.2006 - Page 9

Page 10: Enforcement of Judgments:

3 Development of the French approach

• UIHJ today

World Bank – 4.25.2006 - Page 10

Page 11: Enforcement of Judgments:

3 Development of the French approach

• UIHJ today

World Bank – 4.25.2006 - Page 11

Page 12: Enforcement of Judgments:

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

Page 13: Enforcement of Judgments:

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)

Page 14: Enforcement of Judgments:

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