Les actes d'administration judiciaire en droit français et en droit brésilien : étude de procédure civile comparée

Abstract : If the ultimate goal of the trial is in the judgment, by which the judge says the Jaw (jurisdictio), dispelling legal uncertainty and thus promoting social peace, other acts must also be made for the fulfillment of the mission of judging : these are the judicial administration acts, which are the subject of our study. The French concept includes the acts of judicial organization and the acts of procedural management, which provide, respectively, the proper functioning of the courts and the proper conduct of the proceedings. Despite the importance of the subject, it is little explored by jurists and we see some hesitation concerning the exact definition of the acts of the judge by scholars and in the jurisprudence. This is not desirable, however, because the judicial administration acts are subjected, according to the French law, to a different set of rules, so they are not in principle liable to the same constraints as judgments, and they cannot incur to any appeal. The Jack of ways of contesting, in addition with the adoption of a flexible system, where the head of the court has major powers in the subject, open legitimate questions concerning the respect of major principles governing the trial and the justice. Although Brazilian law does not have the French notion, the administration of Brazilian justice requires, too, the practice of judicial administration acts. The similarities related with the acts of procedural management and the significant differences in the acts of judicial organization justify the comparative method of this study, which proposes to determine the peculiarities and common features of these two legal systems and to identify what each one can learn from the other in a constant goal of development.
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Roberta Azambuja de Magalhaes Pinto. Les actes d'administration judiciaire en droit français et en droit brésilien : étude de procédure civile comparée. Droit. Université Panthéon-Sorbonne - Paris I, 2017. Français. ⟨NNT : 2017PA01D026⟩. ⟨tel-01592579v2⟩



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