BREAKING
LexInter | November 19, 2006 | 0 Comments

BREAKING

eCourses before the Supreme Court and the State Council. In this procedure it is not a question of judging the case a third time, but of judging the means of cassation of the decision of the judges of the fund which must be based on a defect of form, an error of law or a violation of the law. law. The judges of the merits are sovereign except distortion as regards the facts.

Cassation (Court of Cassation) 

Cassation for ” disciplinary reason”

A significant part of the cassations intervene for “disciplinary reasons”. These are grievances about the way the decision was drafted or delivered. The judges of the fund are censured for having placed themselves outside the conditions or legal formalities and not on the “merits” of the decision. It is about a cassation for a defect of the manifest motivation

The “disciplinary” grievances which lead to the censure of the contested decision break down as follows

  1. violation of the principle of contradiction

  2. failure to respond to conclusions

  3. denaturation

  4. ignorance of the subject matter and the details of the dispute

  5. absence of reasons or ineffective nature of the reasons

Cassation for violation of substantive rules

The cassation intervenes for violation of the rule of law governing the dispute on the merits and the decision makes it possible to identify or clarify the doctrine of the Court of Cassation. The decision will be all the more significant if the Court of Cassation decides to publish the judgment. The most important judgments will appear in the report of the Court of Cassation.

Cassation for violation of a procedural rule

The cassation intervenes for violation of the procedural rule. Likewise, the decision makes it possible to identify or clarify the doctrine of the Court of Cassation and the decision will be all the more significant if the Court of Cassation decides to publish the judgment. The most important judgments will appear in the report of the Court of Cassation.

Lack of knowledge of invariable case law of the Court of Cassation

The decision is censored for having violated a rule of law set out consistently by the Court of Cassation and appropriate to the dispute submitted to the trial judge, without its discovery requiring extensive research.

The courts have a right of resistance with regard to the doctrine of the Court of Cassation, which may lead to reversals of case law . Almost systematically, however, they expose themselves to cassation.

MIXED ROOMS AND PLENARY ASSEMBLIES

Mixed chambers and plenary assemblies make it possible to resolve differences in case law between the chambers of the Court of Cassation

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image