Oct. 2, 2025
Thesaurus : Doctrine

► Full reference : Th. Goujon-Bethan, "Les enjeux présents à venir de l’articulation des principes de procédure civile et commerciale avec la logique de compliance (Current and future challenges for articulating civil and commercial procedural principles with Compliance Logic)", in M.-A. Frison-Roche (ed.), L'Obligation de Compliance, Journal of Regulation & Compliance (JoRC) and Dalloz, coll. "Régulations & Compliance", 2025, pp.693-719.
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📕Read a general presentation of the book, L'Obligation de Compliance, in which this article is published.
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► Summary of this article (by the Journal of Regulation & Compliance - JoRC): The author shows that the French Code of Civil Procedure, because it is exceptionally well designed and managed, can respond to the scale of transformation brought about by Compliance Law.
Compliance Law is normatively anchored in its Monumental Goals: these are brought as such before the judge in 'Systemic Cases'.
However, the French Code of Civil Procedure distinguishes between litigation and conflict, as demonstrated by the work of the academic authors of the Code, who were very famous legal scholars. Indeed, in a "Systemic Case" such as Compliance Law, which necessarily takes precedence (climate, protection of internet users, effective equality of human beings, sustainability of banking systems, etc.), it is the parties who are in dispute, while the conflict encompasses the systems themselves and other entities.
The procedure must incorporate not only the dispute but also the conflict. This means, in particular, that we must deal not only with the dispute, but also with the conflict, which does not necessarily end with the dispute and does not find the same solutions as those sought by the dispute. It is particularly in this latter perspective, essentially in a "Systemic Compliance Case" procedure, that the techniques of mediation, amicus curiae, with a judge who takes an ex ante position, etc., are required. They are available through legal dispositions of this French Code of Civil Procedure: judges who understand what "Systemic Compliance Cases" are need only apply them.
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🦉this article is available in full text for people who follow the professor Marie-Anne Frison-Roche's teaching
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May 28, 2025
Publications

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► Full Reference: M.A. Frison-Roche, "100 fois remettre la Compliance sur le métier de la Stratégie" (100 times put Compliance back on the Strategy agenda), in Lettre d'information Compliance. Groupe SNCF, 100ième issue, 28 may 2025.
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📝read the article (in French)
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► English presentation of this article: This anniversary article sets out what Compliance is and should be in a large group. It expresses it in 4 points:
1. Actively master regulations by understanding their spirit
2. Improving risk detection without taking away the entrepreneurial spirit
3. Promoting convergence and managing conflict
4. Strengthen the company's identity by focusing on its strategic ambitions
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Updated: July 31, 2013 (Initial publication: Oct. 4, 2011)
Teachings : Les Grandes Questions du Droit, semestre d'automne 2011

Updated: July 31, 2013 (Initial publication: Oct. 17, 2011)
Teachings : Les Grandes Questions du Droit, semestre d'automne 2011

March 1, 2004
Conferences