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Les obstacles juridiques à l'information du juge en matière civile

Abstract : Because they are in the dead of conflicts (truth and legitimacy, information and secret) and find their source in substance and proceedings rules, juridical obstacles to useful information of civil judge are numerous and varied. Evolving, they fit to Society's needs and are submiting to cumulated influence of scientific progress (biology and information-processing) and human rights. In first time we have to carry out their identification. For that we shall prove that the notion of fault enables to decide between them. Obstacles based on fault's idea are the insolvency (of main or third parties who don't deliver in due time to the judge pertinent informations they can), as well as unlawful proofs. Some obstacles proceed so from require of literal proof's preconstitution, some others from illegal or disloyal producing of proofs. That is the supreme countenance of mixed feature of french civil proof system. Independant obstacles from notion of fault are not so numerous but as so diversified (impossibility to move or to get a literal proof, devilish proof, legitimate denial to let the judge knows). Amongst them the legitimate reason defined as a reason of principle concerning personally the one who invokes it, is the focus of conflicts between judge's information and human body's inviolability, right of private life's respect, business and professional secrets. Because it is a litigation that the judge must solve under penalty of denial of justice, we have to go beyond the identification phase. In second time, it appears as necessary to envisage the corrector devices (amendment to insufficient information and legal solve of untrue information) and sanction system (financial, proceedings and probative sanctions) at judge's disposal
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Submitted on : Tuesday, April 24, 2018 - 4:06:59 PM
Last modification on : Wednesday, March 11, 2020 - 1:49:54 PM

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  • HAL Id : tel-01776835, version 1



Nathalie Noirjean-Perru. Les obstacles juridiques à l'information du juge en matière civile. Droit. Université Nancy 2, 2006. Français. ⟨NNT : 2006NAN20006⟩. ⟨tel-01776835⟩



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