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La hiérarchie des normes conventionnelles : contribution à l’analyse normativiste du contrat

Abstract : The hierarchy of norms is a common notion of juridical language. Can contracts, like the Constitution regarding law, organize into a hierarchy? Three elements would put an obstacle in the way of this assumption. The relative effect of contracts, the juridical identity of theses acts and, finally, the fact that contracts are not rules of law but acts of law enforcement.Raising these obstacles one by one, obstacles that are not totally unacceptable, and demonstrating that the contract is a rule of law, allows then to theoretically admit this possibility. The study of substantive law confirms afterwards that cont can be organized into a hierarchy. This is the case of the society contract regarding the conventions of the contracting society, and of the mandate with the contract that is planned.It is then possible to study the conditions under which a hierarchical link can appear. The prerequisites for this hierarchical organization require a plurality of acts and their contractual nature. The "making up elements" of the hierarchical link are based on the assumption that the contract that holds the higher norm is with regard to the parties of the second contract
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Submitted on : Wednesday, April 6, 2011 - 5:19:06 PM
Last modification on : Tuesday, January 14, 2020 - 10:38:03 AM
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  • HAL Id : tel-00583842, version 1



Lionel Charbonnel. La hiérarchie des normes conventionnelles : contribution à l’analyse normativiste du contrat. Droit. Université d'Avignon, 2010. Français. ⟨NNT : 2010AVIG2023⟩. ⟨tel-00583842⟩



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