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French Judges' Far Reaching Powers In Partners And Shareholders Disputes, Jean-Charles Bancal

Jean-Charles Bancal

FRENCH JUDGES’ FAR REACHING POWERS IN PARTNERS AND SHAREHOLDERS DISPUTES ABSTRACT At the time of the French Revolution, one of the main concerns of the new regimes was to fight what was called the gouvernement des juges. The Napoleonic codification reduced judges powers to interpret the law and negated their role as law makers. But since then, French judges, have corrected what they consider inequitable situations. Through various self defined rules such as abuse of right or Principes généraux du droit, these judge implemented rules have cast off the yoke of the Civil Code in many field, particularly in property …