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Theses

L'annotation des codes, étude et comparaison en droits français et monégasque.

Abstract : Code Annotation is an unknown notion in French Law, although the majority of published codes have it. To analyze its nature and functions is consequently not devoid of interest. The use of the comparative approach is essential here. Code Annotation is better understood through comparison with code standards devoid of Annotation – those of the Principality of Monaco. Code Annotation is any difference, by addition or deletion, compared to the official text of the code, which adds value to its interpretation. It is the production of one or several annotators, who express their conceptions of the Law, and thus it participates to the construction of Legal Doctrine. Annotation constitutes the combination of legal texts and jurisprudential contributions, resulting in a complete presentation of the Law. Such observations can be made in French as well as in Monegasque Law, even if the latter is characterized by national legal specificities which restrict the current development of Annotation. By presenting all the law in force in the same place, Annotation enables codification to renovate itself and be adapted to the present time. The interaction between Annotation and its basis makes it possible to consider that Annotation is a third way of codification, without legal force. Therefore, any code which is not annotated should be considered an unfinished code. That is why it could be appropriate for Monegasque codes to be fully annotated in the near future.
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Submitted on : Thursday, March 29, 2018 - 1:22:10 PM
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Matthias Martin. L'annotation des codes, étude et comparaison en droits français et monégasque.. Droit. Université de Lorraine, 2013. Français. ⟨NNT : 2013LORR0352⟩. ⟨tel-01751585⟩

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