DROIT FEDERAL ET DROIT CIVIL: COMPLEMENTARITE, DISSOCIATION
AbstractThe question of harmony between federal legislation and the civil law has, to some extent, held little attention, even if the complementary role of the civil law in this area is commonly accepted. This study aims at establishing the foundations of a framework of complementary principles of federal legislation and the civil law and at demonstrating that in the vast majority of cases, the courts have accepted the practice of appealing to civil law as a supplementary code, either because a federal law superimposes itself on a corresponding matter in civil law which it governs, or because a federal law on civil matters doesn't contain all the legislation necessary to fulfil its objectives. The authors are thus brought to the conclusion that, although the juxtaposition of laws is sometimes difficult, their complementarity is nevertheless seen as a necessity which should continue to be maintained and reaffirmed to remain in use.
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