Law Commons^™

Linguistic Legislation And Transnational Commercial Activity: France & Belgium, Thomas E. Carbonneau

Journal Articles

For French and francophonic people, the continued vitality of their linguistic heritage is an integral part of their sense of national identity and cultural cohesiveness. The truth of this statement has been corroborated recently by legislative enactments in France and in Belgium which prescribe and/or recommend the use of French in certain private commercial and governmental activity taking place within these countries. This legislation represents an attempt to provide a partial remedy to what has been perceived generally as the syntactical and lexical "contamination" of the French language resulting from the dominance of English or, more precisely, American English, in …

The Elaboration Of A French Court Doctrine On International Commercial Arbitration: A Study In Liberal Civilian Judicial Creativity, Thomas E. Carbonneau

Journal Articles

The task of the present article is to examine the historical evolution and current status of the French judicial doctrine on international commercial arbitration. It endeavors to compare the international doctrine with the French domestic law on arbitration and to illustrate briefly its conformity to the provisions of the international conventions on arbitration to which France is a party. Its chief design, however, is to concentrate upon the court decisions themselves, underscoring their progressive quality and pointing to their systemic implications.

The Reform Of The French Procedural Law On Arbitration: An Analytical Commentary On The Decree Of May 14, 1980, Thomas E. Carbonneau

Journal Articles

Prior to May 1980, the French domestic law on arbitration had not been subject to any substantial legislative reform since the early nineteenth century. The procedural part of that law, which contained practically all of the French legislative provisions applying to arbitration, was out of date and in need of reconsideration.

Despite the considerable French procedural law reforms enacted in 1975, articles 1005 through 1028 of the Nouveau Code de procédure civile had not been revised to any significant extent since the enactment of the Code de procédure civile in 1806.

The basic intention of the new legislative text is …

Professional Independence And The Associate In A Law Firm: A French Case Study, Tang Thi Thanh Trai Le

Journal Articles

In June 1977, as a result of a case brought before the Tribunal de la Seine, a "mini-revolution" erupted in French legal circles. A young woman associate of a law firm was discharged at mid-month and paid half (F. 1250) her monthly salary. Mme X considered her dismissal improper and filed a complaint with the Bdtonnier (President) of the Paris Bar. After a hearing, the Conseil de l'Ordre (Executive Committee of the Bar) advised the firm to pay Mme X an additional F. 1250 in settlement. Not satisfied, Mine X took her case to the Tribunal de la Seine requesting …