Commentaire d'arrêt
The commentaire d'arrêt (judgment commentary ) is a genre of text in French legal training ; In terms of its meaning, in the travaux dirigés, alongside the cas pratique and the dissertation (case study), it corresponds to the expert opinion in German legal training . The structure of a commentaire d'arrêt is always the same: it consists of a brief introduction (introduction) and two corresponding pairs (IAB, II AB.).
Technology and work steps
The task of a commentaire d'arrêt is to discuss a given judgment - regularly by the French higher courts - in the form of an essay. A three-step procedure is recommended for this: 1. collection of material, 2. structure and 3. drafting and formulation. In the context of the collection of materials, the basic data of the judgment must first be found: judgment court, decision, legal basis of the judgment. Then life facts, previous process history as well as party lecture and submitted applications are to be recorded. The abstract legal problem on which the decision is based and the view of the court on this can now be worked out and assessed and classified in the next step. In addition to an initial legal classification, good papers are characterized by the classification of the judgment in an economic, social and historical context. Finally, the personal evaluation of the decision from a legal dogmatic and legal political point of view must be prepared.
The structure of the commentaire d'arrêt must be followed strictly and always the same: A brief introduction (introduction) are two parts I and II. (Parties) in two subdivisions, the sous-parties disintegrate A. and B.. The choice of headings is basically free. Good work is characterized by the fact that the headings compare and evaluate complementary or antithetical aspects of the judgment. Outlines that are less tailored to the individual case can include “I. The judgment, II. Critique of the judgment “read.
The final fair copy is made in accordance with the structure. Not all of the data determined in the substance collection actually have to be included. The following content should be summarized in a chapeau for each section .
literature
- Yvaine Buffelan-Lanore: Droit civil. Première année . 15th edition. Paris 2007.
- Gilles Goubeaux; Philippe Bihr: Les épreuves écrites de droit civil . 12th edition. Librairie Générale de Droit et de Jurisprudence, Paris 2013.
- Philip Martinius, Andreas Stricker: The "commentaire d'arret" - the alternative to the practical case? In: Study Guide Abroad Law . Luchterhand, Neuwied 1995, p. 327-337 .
- Philip Martinius, Andreas Stricker: Supreme court decisions in France - "messe en latin"? In: Legal worksheets . 1993, p. 161 sqq .
- Georges Vermelle: Le Commentaire d'arrêt en droit privé . Dalloz, Paris 2004.