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Enforcement of Judgments:

Enforcement of Judgments:    The French Approach to the Judicial Officers Profession Based on the Liberal Model   . Summary. 1 Introduction 2 Particularities of French law 3 Development of the French approach. World Bank – 25 - Page 2. 1 Introduction.

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Enforcement of Judgments:

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  1. Enforcement of Judgments:    The French Approach to the Judicial OfficersProfession Based on theLiberal Model   

  2. Summary 1Introduction 2Particularities of French law 3Development of the French approach World Bank – 25 - Page 2

  3. 1Introduction •Reform of the recourses to enforcement (1991) • A recent reform in line with the legal and social changes • The statement of a principle: the right to performance - Its assertion in French law; - Its recognition in international law; - Its exportation to comparative law World Bank – 4.25.2006 - Page 3

  4. 2Particularities of French law •The mainstay of the law of enforcement in France • The notion of procedure of enforcement • The role of the judge in the enforcement • The role of the judicial officer in the enforcement World Bank – 4.25.2006 - Page 4

  5. 2Particularities of French law •The notion of the procedure of enforcement • Definition • Relation with provisional measures and conservatory measures World Bank – 4.25.2006 - Page 5

  6. 2Particularities of French law •The role of the judge in the enforcement • Judge of the enforcement • Reinforcements of the writs of execution • Consequences: the power of the judiciary is more and more limited on the procedure of enforcement World Bank – 4.25.2006 - Page 6

  7. 2Particularities of French law •The role of judicial officer • His status • His powers • His duties Self-regulation of the judicial officer World Bank – 4.25.2006 - Page 7

  8. 3Development of the French approach •The action of the International Union of Judicial Officers • The will of the national French chamber to give an international dimension to the profession of judicial officers: the birth of the UIHJ (1952) • The first phase of the action of the UIHJ (1952 - 1992) • The fall of the Berlin wall and its new action World Bank – 4.25.2006 - Page 8

  9. 3Development of the French approach •UIHJ today World Bank – 4.25.2006 - Page 9

  10. 3Development of the French approach •UIHJ today World Bank – 4.25.2006 - Page 10

  11. 3Development of the French approach • UIHJ today World Bank – 4.25.2006 - Page 11

  12. 3Development of the French approach •UIHJ today: its missions 1) Action to the developing countries/ countries in transition - Action in Eastern Europe - Action in Asia World Bank – 4.25.2006 - Page 12

  13. 3 Le développement de l’approche française •UIHJ today: its missions 2) The promotion of the liberal status of judicial officer - What si at Stakes? - The action in central and oriental Europe ( ex. Hungary, Slovakia, Poland, Romania) - The action in the Caucasus (Azerbaijan – Khazakhstan) - The action in Asia (ex. Thailand) World Bank – 4.25.2006 - Page 13

  14. 3 Development of the French approach •UIHJ today: its missions 3) The training - What is at stake? - The action in Afrique - OHADA World Bank – 4.25.2006 - Page 14

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