Oct. 23, 2022

Thesaurus : Doctrine

ANCEL, François🕴️

📝The procedural principle of compliance, a new trial leading principle?, in M.-A. Frison-Roche (ed), 📘Compliance Jurisdictionnalisation

pour lire cette presentation partiellement en français, cliquer⤴️sur le drapeau français

► Full Reference: F. Ancel, "The procedural principle of compliance, a new trial leading principle?"in M.-A. Frison-Roche, (ed.), Compliance Jurisdictionalisationseries "Compliance & Regulation", Journal of Regulation & Compliance (JoRC) and Bruylant, to be published.  

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► Summary of the article (done by the Journal of Regulation & Compliance editor): Through this article, the author formulates a proposal: elevating the principle of compliance to the rank of leading principle of the trial. To support this, the author firstly emphasizes the convergence of the aims of compliance and the purpose of the trial. Indeed, emphasizing that Compliance Law does not oust either the State or the judge, as soon as compliance means that the person must keep their commitments and that the trial is also based on this principle that the parties must conform to the principles and to their own "speech", compliance thus becomes a trial leading principle.

In a second part of the article, the author illustrates his point in a very concrete way. First, the protocols of procedure which are drawn up by the courts and the bars are commitments which should justify a form of constraint which, if it should not have the same form and nature as that of the law, must all the same even have consequences when a party fails to do so. Secondly, relying on French case law which sanctions a party which had accepted the principle of an arbitration and then systematically hinders its implementation, the author suggests that under the principle of compliance can be grouped the notions for the instant scattered of loyalty, consistency (estoppel) and efficiency.

Thus, this "open practice" echoing the "open way" of a procedural principle of compliance brings out this one.

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 ðŸ“˜ read the general presentation of the book, Compliance Jurisdictionalisation, in which this article is published

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