The promotion of the romanoGermanic legal culture is organized

The promotion of the romano-Germanic legal culture is organized. A continental law Foundation was launched, March 1, 2006, by the keeper of the seals. The Foundation relies on the financial assistance companies; in return, "resolutely turned towards the needs of the business", provide not only the promotion of their legal system but also that of their own interests.

Market law where legal systems are now assessed and rated such goods, two major legal families are known, face to face: the culture legal civil yet "civil law" and "common law" in the Anglo-American world. The France of the Napoleon codification has long been the leader of the first. Recently caused by their right as enigmatic as unflattering notation in annual reports elaborated at the World Bank (Doing Business in 2004, 2005, 2006), French lawyers are now taken to defend the strengths of their legal tradition (1). It is that time.

Prevent litigation

Indeed, the economic power of the United States strong, the "common law" countries exert such lobbying for their legal tradition that it sometimes comes to forget its weaknesses (opacity, cost for the user) and, more seriously, to underestimate the illuminating power of ours. The civil law tradition has for symbol coding, which allows direct, streamline and facilitate the knowledge of the law, so that even "common law", formerly reluctant countries there use and that countries wishing to access the rule of law (countries of Eastern Europe, China and Viet Nam, including) undertake resolutely.

The consolidation promotes also safety legal, essential in our system where the prevention of disputes is as important as their resolution, where the trial is seen as a sign of a failure of the law and not as the privileged expression: the organization by the State of a public service of the evidence, delegate to the notarial profession, whose mission is to prevent legal writing writings worth some evidencecertify this concern for security. In addition, the rule is, in our legal tradition designed in general terms, which provides the flexibility to adapt to the needs of society. And it is often proposed but not imposed, which reserve the power of imagination of practice while providing economic actors to write excessively long and expensive contracts. Finally, some of our institutions have been widely copied around the world (for example, the public-private partnership). And yet... In the life of affairs, French law and the French legal language often suffer from the competition: If the contract is international, the parties have moved willingly to a right of "common law" and, even when they submitted to French law, the sometimes write in English.

To listen to business, continental law Foundation will primarily be in the field of economic law. It intends to "protect against legal risk for their international actions", provide a "supporting actions export and investment abroad", use "relay to the public authorities to propose legislative changes," exercise "a strategy of influence towards the international donors".

Encourage synergies

But the Foundation, "crossroads of initiatives", must also, even its first objective, promote the "continental" right in the world. To do this, it should encourage synergies between companies and universities and to support actions essential to the radiation of the civil law tradition. These include: the teaching of French abroad and development, France, training in English for foreigners; inspired by the "summer schools" summer universities creating American; the publication of a legal journal in English devoted to the continental rights; the Organization of a legal watch on reforms of the basic rights. Strong of their unit, rich in their diversity, continental rights must first better know to be better known and ultimately better sides. The task is tough, but the assets are there: it is that the good play.