L’influence de la structure du code sur le fond du droit
Résumé
In many ways, order n°2016-131 of February 10th 2016 has modified French law of obligations and evidence. Substantial changes and a reorganization of the code’s structure have been added to the consecration of the previous jurisprudence. This reorganization, which first seemed strictly formal, logically and explicitly meets an objective of accessibility to law but should not be confined to it. The code’s structure can indeed influence the content of law by creating legal effects, and more generally, by carrying the spirit of the rules. This rearranging of the texts can thus contribute to clarifying law, to operating core changes and to guiding their interpretation by emphasizing principles and values.
Domaines
DroitOrigine | Accord explicite pour ce dépôt |
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