La juridiction d'appel à Nancy de 1800 à 1810

Abstract : Consequential to the suppression of the high judicial courts, the law of 16-24 august 1790 maintained the principle of appeal but this only on the basis of appealing one district tribunal's decision before another district tribunal. However, the constitution of 22 frimaire in the year VIII and the law of 27 ventose year VIII recreated 29 tribunals of appeal including that of the town of Nancy. Being a civil jurisdiction, the tribunal of appeal - which became a court of appeal thanks to the imperial constitution of the year XII - heard appeals from the French "departments" of Meurthe, Meuse, and Vosges. This jurisdiction remained in force until the law of 20 April 1810 which created the imperial courts that would thereafter hear civil and criminal cases. Personnel for this new jurisdiction where recruited locally. Preference was given to eminent moderates who had accepted the changes of 1789; they tended to be very conservative and swayed by political power. Solicitor’s practices for the court of the town of Nancy where established and the bar was recreated. Studied mainly over the first three years, the activity of the tribunal of appeal remained low in volume. On the other hand, judgments tended to be reached rapidly. Early cases mainly involved disputes between landowners. alongside usual cases (sales, contracts, legacies), new types of disputes were heard as an outcome of the political circumstances resulting from the French revolution: revendications relating to towns, "biens nationaux", emigrants, paper money, revolution laws on divorce and filiation. It was a period of transition.
Mots-clés : Cours d'appel-France
Document type :
Theses
File URL :
http://docnum.univ-lorraine.fr/prive/BUD_T_1999_0005_THIEBAULT.pdf
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https://hal.univ-lorraine.fr/tel-01776963
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Submitted on : Tuesday, April 24, 2018 - 4:08:59 PM
Last modification on : Wednesday, April 25, 2018 - 1:32:29 AM

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  • HAL Id : tel-01776963, version 1

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Edmond-Lucien Thiebault. La juridiction d'appel à Nancy de 1800 à 1810. Droit. Université Nancy 2, 1999. Français. ⟨NNT : 1999NAN20005⟩. ⟨tel-01776963⟩

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