July 15, 2020

Thesaurus : Doctrine


Les manifestations des mécanismes incitatifs dans le Droit français de la Compliance, in Frison-Roche, M.-A. (dir.), "Les outils de la Compliance"

The presentation of the English version of this article in "Compliance Tools" is avaible at this adress :

Full reference : Larouer, M., Les manifestations des mécanismes incitatifs dans le Droit français de la Compliance, in M.-A. (dir.), Les outils  de la Compliance, série "Régulations & Compliance", Journal of Regulation & Compliance et Dalloz, 2020, to be published.

Consult an overview of the volume in which the article was published.


Summary of the article (by Marie-Anne Frison-Roche)

The author develops in the introduction the idea that Law itself accepts the notion of incentive as being consubstantial with it, relying in particular on codes of conduct.

Then the article develops demonstrations of incentive Law as a tool of complicity, first of all in the fight against corruption: the decision of the Sanctions Commission of the Agency Française Anticorruption (French Anti-Corruption Agency) shows that the recommendations of this Agency encourage the company to comply, protecting it from a sanction if it submits to it but does not prevent it from organizing in any other way. In addition, the judgment of the Commercial Chamber of the Court de Cassation (cassation court) stated that the breach of a contractual obligation which is however only the resumption of a constraint lodged in a compliance program which targets a third party justifies the termination of the contract. .

More generally, the author shows that the legal system encourages companies to integrate Compliance by publishing vigilance plans and extra-financial performance, while noting that companies do not always do so.

The article also concludes that French Compliance Law in its use of incentives is only at its "beginnings".


Consult the summaries of the other articles composing the book.



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