The reversals of case law of the Court of cassation
type: Distribution
access URL: https://theses.hal.science/tel-00790014
format: HTML
issued: 2026-05-14T09:47:30.867945
modified: 2026-05-14T09:47:30.826568

The reversals of case law of the Court of cassation
type: Dataset
contact point: Organization
  fn: CCSD
keyword: modulation-dans-le-temps
keyword: revirement-de-jurisprudence
keyword: norme
keyword: juge
keyword: shsdroithumanities-and-social-scienceslaw
keyword: court-of-cassation
keyword: standart
keyword: judge
keyword: amicus-curiae
keyword: modulation-in-the-time
keyword: reversals-of-case-of-law
keyword: theses
keyword: cour-de-cassation
keyword: infoeu-reposemanticsdoctoralthesis
landing page: https://theses.hal.science/tel-00790014
description: 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.
identifier: NNT: 2011BESA0002
issued: 2026-05-14T09:47:30.858816
language: fr
modified: 2026-05-14T09:47:30.858822

test_moissonnage_selune
type: Agent