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L'expertise civile à l'épreuve des droits fondamentaux

Abstract : Law is irrigated by fundamental rights in each of its branches. As a preferred instrument of civil procedure, the expertise is concerned by this phenomenon. Like for the trial, expertise and fundamental rights are intrinsic. However, the links between these two concepts can be described as complex : indeed, they suggest a collaboration and a confrontation. Thus, fundamental rights represent an ideal approach to reveal the potentials and the deficiencies of the expertise, to improve it and to participate in its renewal. The evolution of the notion of expertise as well as the expansion of fundamental rights are creating unprecedented issues that the law has to consider. Alongside the traditional judicial expertise, whose submission to the principle of fairness is no longer disputed, the trial welcomes non-judicial expertises whose regimes are still to be defined in order to comply with fundamental rights. This change in civil expertise is due to fundamental rights, whether procedural or subjective. This thesis does not only intend to put the various forms of civil expertise in opposition, it also plans to establish them as reciprocal models. This thesis also reveals the different functions of fundamental rights in the development of civil expertise. On the one hand, it is their protective role that has been put forward. This means that fundamental rights must be respected during the conduct of a measure of expertise, judicial and non-judicial. A measure of instruction can be qualified as effective only in this case. On the other hand, it is the creative function of fundamental rights that has been revealed in this study. Issues relating to the rights to judicial expertise and non-judicial expertise is the result of an extension of the philosophy of specific fundamental rights. This creative role certainly contributes to the transformations of civil expertise.
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Submitted on : Monday, September 2, 2019 - 1:12:53 AM
Last modification on : Friday, October 23, 2020 - 4:40:54 PM
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  • HAL Id : tel-02275793, version 1



Cédric Chapelle. L'expertise civile à l'épreuve des droits fondamentaux. Droit. Université Côte d'Azur, 2018. Français. ⟨NNT : 2018AZUR0033⟩. ⟨tel-02275793⟩



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