Les conflits de compétence d'attribution en droit de la famille

Abstract : In France, many judges and courts intervene in family. Sometimes it becomes very difficult to know to which judge or court one must turn to. All these courts and judges may be in competition for the same matter, thus creating confusion and conflicts of jurisdiction between themselves. In order to study the outcome of these conflicts, we suggest to distinguish between three types of conflicts: real conflicts, seeming conflicts and pseudo-conflicts. Real conflicts occur when two courts having the same jurisdictional power decide that they are both capable to judge the same case. Seeming conflicts occur each time two courts seem to have the same jurisdiction but further study of legal provisions quickly shows that all conflict is easily avoided. Pseudo conflicts are related to the power to judge. In other words there is no legal base enabling the judge or court (no matter which) to render a decision. Studying these conflicts is important. Indeed, a plurality of courts and judges is necessary so that family cases are not always tried in a standard way. Nevertheless it is also necessary to have a clear view of the different jurisdictions involved in family law.
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Anna Matteoli. Les conflits de compétence d'attribution en droit de la famille. Droit. Université de Strasbourg, 2014. Français. ⟨NNT : 2014STRAA026⟩. ⟨tel-01186675⟩

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