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Les revirements de jurisprudence de la Cour de Cassation

Abstract : The evolution of the classic conception of the role of the supreme has brought about a questioning of the sources of the right. While in the 19th century the judge was considered as a simple reader of the law, today he finds his place within the sources of the right. As a result when a reversal of case law intervenes, it modifies the legal organization by integrating in a new legal rule, a new judicial rule. If most part of time the reversal of case law does not have harmful consequences, it happens that in certain cases, the legal safety security is endangered. It ensues from it that the citizen goes to see to apply the new judicial rule whatever is the date of realization of the act or the facts because of the retroactivity inherent to this type of decision, and the citizen won't be able to protect himself against this décision. The judge at the Court of cassation, aware of this problem, turns to certain methods to announce a future reversal of a case law but also to limit its effects. However, these methods do not turn out to be completely effective and it seems necessary to allow the judge at the Court of cassation to modulate in the time some of these decisions because the harmful consequences of these décisions may exceed the advantages expected from the reversal of case law.
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Submitted on : Tuesday, February 19, 2013 - 11:32:18 AM
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  • HAL Id : tel-00790014, version 1



Maiwenn Tascher. Les revirements de jurisprudence de la Cour de Cassation. Droit. Université de Franche-Comté, 2011. Français. ⟨NNT : 2011BESA0002⟩. ⟨tel-00790014⟩



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