A French Lawyer or Attorney, as well as a French solicitor, is usually involved in either private law or public law. French law can indeed be divided into these two areas: private law ("droit privé") and public law ("droit public"). A French Solicitor or French lawyer can specialize in either matter. Private law includes, in particular, civil law ("droit civil") and criminal law ("droit pénal"). Public law includes, in particular, administrative law ("droit administratif") and constitutional law ("droit constitutionnel").
However, in practical terms (and in terms of what a French Solicitor or French lawyer deal with on a day-to-day basis), French law can be said to comprise three principal areas of law:
- civil law ("droit civil");
- criminal law ("droit pénal"); and
- administrative law ("droit administratif").
The term civil law refers most usually, in France, not to the French legal system as a whole (cf common law) but simply to the law of obligations, i.e., to tort law and contract law. Hence, tort and contract rules are set forth in France primarily in the Code civil, or Civil Code. A French lawyer or French solicitor refers to the Code civil on a regular basis.
Civil law is the most widespread system of law in the world. It is also known as European Continental law. The central source of law that is recognized as authoritative result from codifications in a constitution or statute passed by legislature, to amend a code. Civil law systems mainly derive from the Roman Empire, and more particularly, the Corpus Juris Civilis issued by the Emperor Justinian ca. 529AD. This was an extensive reform of the law in the Eastern Empire, bringing it together into codified documents. Civil law today, in theory, is interpreted rather than developed or made by judges. Only legislative enactments (rather than judicial precedents) are considered legally binding. However, a French solicitor must pay attention to previous decisions, especially from higher courts.
Our French Attorney team comprises a French solicitor, French notaires and bilingual Avocats and provides assistance worldwide in all aspects of French law and US Law. We will be happy to discuss with you the specifics of your matter.
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