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BASTIA OF JUDGE REFUSES TO ORDER THE EXPERTISE OF THE HELICOPTER
that crashed on April 25 CORSICA

On April 25, 2009 five people were killed in the crash of a helicopter carrying a young Civil Security 20 year old woman about to give birth.
All France was moved by this tragedy, and Mrs.-Marie was going, then Minister of Interior, has moved to Corsica to provide support to families of victims (the driver, his mechanic, and Justine Gressler unborn baby and the doctor present at the EMS board).
This is not the first accident to occur in similar geographical conditions, with a helicopter EC 145 (otherwise known as the Dragon), manufactured by Eurocopter, a subsidiary of EADS in 2003 and 2006 identical accidents have occurred so far unexplained.
That of the April 25, 2009 Will it ever? It's hard to believe because the judge, instead of appointing an expert or a panel of judicial experts, delegated to a SACLAY Centre attended the famous experts from BEA / Air Defense with the task of seeking the truth. Their truth. Knowing that
Center SACLAY (CERP) depends on the Directorate General for Armaments (DGA) and the BEA / Air Defense Department of Defense, this raises the questions: Can we design
best defenders of reason to state that military or similar?
In any event, judicial expertise necessary. It was requested by letter addressed to Mrs TALLONE, Magistrate, October 7, 2009. The Judge had one month of receipt (October 8) of this application note to order or deny that report, by reasoned order.
Or it could also, and this is the path that was chosen does not respond, which amounts to a tacit refusal was immediately appealed to the Board of Education of Court of Appeal of Bastia.
a time when there is much talk of the possible removal of Judges of Instruction, and when they cry foul on all sides that represent our democracy for the removal of Magistrates considered independent, what is it think of this?
Justine's family does not intend for it to stand idly against the wall of silence and demands, since it seems that politics gets involved, that everyone take responsibility and do its job. Many
sealed records, exhibits, items of investigation have not join the criminal case of Bastia as the Criminal Procedure Code requires and remained in ROISSY or elsewhere ..

Other questions were raised and others will be until we were finally granted to the families of victims the minimum of respect they deserve. Me Henry FLECHER

Family Lawyer Justin Gressler

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End of corporatism

April 25, 2009 at 19:35 a helicopter crashed in Corsica Civil Defense shortly after takeoff, with four people on board including a young woman Justin G., about to give birth and rushed to hospital Bastia.

few days after this tragedy, the family of Justin filed a complaint against X for manslaughter and claimed damages. An investigating judge was appointed in the person of Ms. Valerie TALLONE, TGI of Bastia.

since the plaintiffs had waited five months before being heard by the judge during a hearing that lasted several minutes.

But so far the only copy of the criminal case has still not been passed, despite several urgent requests, and the family in search of truth to begin its work of mourning, oscillates between anger and despair at this situation.

Despite the distance that separates the family (living in the Toulon region) of the Court of Bastia, and despite the opportunity provided by the legislation to waive the rule setting the time to allow access to the file, it has was accessible only four days before the hearing (among whom a weekend), and especially since, despite the assertion that disclosure of documents is imminent, the documents are not sent and therefore considered by the family as the law authorizes them in ordinary times.

What should we think?

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Towards a notarial divorce?

Nearly five months have elapsed since the tragic helicopter crash April 25, 2009 at RITAL in Corsica, during a flight from Ponte-Leccia SMUR to Bastia for transporting rushed to hospital a young 20 year old woman about to give birth Justine Gressler.

Five people were killed in the crash: the pilot, his co-pilot and mechanic, who apparently was not "instruments" in the crash, a woman doctor on board, and the young mother- , whose state of high-risk pregnancy was reported by Dr. COLOMBANI, Gynecologist Doctor's Hospital, which had outlawed all non-medical transportation, and her baby, born dead.

Several letters have since been sent to ministers of guardianship and the Accident Investigation Bureau Defense / Air, on which the civil aviation helicopter Dragon 2b conducting transportation that evening. In vain.

Despite a civil party in the hands of Mrs. TALLONE, Magistrate at Bastia and, again, despite several letters, some by letter, the criminal file, which contains the first report of findings, scene photographs, autopsy reports of victim, witness interviews, and probably many other important elements, remains inaccessible to counsel parents that I'm Justine.

Apart from the acknowledgments of La Poste, no answer, no reaction.
Total silence.

Why?

should know that the helicopter EC -145, another name for the BK 117-C2, whose first flight took place June 12, 1999, is still considered one of the flagships of the fleet of Eurocopter helicopters, a division of EADS, and that if in 2008 no fewer than 81 aircraft of this type have been ordered, it is matter of a pending transaction with the U.S. on 350 units.

The findings of the technical and administrative investigation ordered at the same time as the judicial inquiry are, to say the least sensitive.

But after that accident, various features or weaknesses of this device have been reported officially, in particular through several airworthiness directives (abbreviated to AD) dated June 4 (AD No. 2009-0119) and by the Directive (EAD Emergency Airworthiness Directive) 2009-0123 E-June 10 replaced by Directive EAD 2009-0158 E-16 July 2009, on all safety operation of the tail rotor back of this aircraft type, already involved in crashes that occurred on July 23, 2003 (registration F-ZBPC helicopter) and June 5, 2006 (F-ZBPB helicopter) in the Pyrenees.

Therefore, we are entitled to ask whether a mechanical malfunction of the gearbox through the tail rotor would not cause loss of control of the aircraft by its pilot This ten days before the production of "alert service bulletin" MBB BK 117-C2-65A-003, May 4, 2009 following several warnings of EUROCOPTER and alerts published in July-August 2000 in the journal AVIATION MECHANICS BULLETIN on a fatal crash on takeoff of a helicopter NEW YORK BK 117-B2.

A breakdown of this kind would it have been detected on site, in Corsica, with the arrival of specialists, which might explain why the Police Force was ordered to keep 500 meters journalists present (and was surprised that CORSE-MATIN)

The assertion by the prefect of Corsica, Hervé Bouchaert, the existence of a forecast "terrible" it is consistent with statements METAR Airport Bastia-Poretta, knowing also that this helicopter is presented on the website of EUROCOPTER as operational in all weather?

Furthermore, why did it take seven to eight hours to locate possible survivors and rallies that flight PONTE-LECCIA/BASTIA April 25, the apparatus is to seek a path of only 40 km and Last location known to have been from the secondary radar, can be deducted from that reported his disappearance ground radar, constantly informed by the onboard device known as a transponder?

In any event, even if the whole truth be known it one day, it is unacceptable and seriously insulting to the time when a Magistrate has held for several months, a record that does not communicate with the plaintiff and where the Ministers "pass the buck" (Interior of Defense) without making, neither one nor the other, a shred of response to nagging questions that haunt families day and night victims, they remain distant from the surveys.

I, July 25, three months to the day after the tragedy, launched a public appeal on behalf of families, in an attempt to obtain a blank reaction.
Unsuccessfully. Press did not publish anything.

So the question arises whether this silence - including media - is voluntary.

For the family of Justine Gressler,
FLECHER Me Henry, lawyer.

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Towards a simplification of the law



The notary shall draw the attention of the parties on the disproportion between the amount of the mortgage and the value of the encumbered property

By a decree of May 28, 2009, the First Civil Chamber of the Court of Cassation stated that the notary must draw the attention of the parties The disproportion between the mortgage amount and value of the building grevé.À after a complex transfer operation of the business, taking the form of a management lease and a loan secured by Mortgage Bonds crossed the transferee company and its associates were expelled from local and put into liquidation. The parties then sought the particular responsibility of the notary for breach of its obligation to conseil.La Court of Appeals (CA Aix-en-Provence, Feb. 1. 2007) accepted the responsibility of the notary drawing noting in particular that the clear indication of the value of the mortgaged property does not relieve the notary to draw attention to its disproportionate to the amount of the guaranteed loan that added risk of the overall operation, and had therefore breached its duty to provide advice and implementation garde.La Court Cassation rejected an appeal by the lawyer against this decision, and states that if it is not required to give legal advice and warning about the economic desirability of an operation in the absence of elements of assessment that will not look, it is, however, view such an obligation to ensure that rights and obligations legally incurred by the parties meet the objectives proved their commitment, are responsive to their respective faculties and capacities or are accompanied by provisions to give them their own effectiveness, even though their commitment is an agreement earlier if at the time of authentication that agreement did not produce any effect or not is not immutable.

This decision by the Court of Cassation, which implicitly confirms the analysis made by the Court of Appeal of Aix en Provence to the obligations of notaries as regards the duties of the board, just add a field already rich in decisions an additional element: it is now claimed that the lawyer in charge of receiving the form in an authentic act of mortgage lending Trust must ensure the internal structure of the transaction, even if it has already been concluded by a preliminary contract private agreement or separate agreements, such as the availability of credit.
In this regard, notaries will not fail to note that their task now is likely to be highly dangerous and likely to generate conflicts of liability, where one might expect, this is no longer possible to our days, the role of a notary is that confer genuine force to contracts whose terms are defined and the economy and concluded between the contracting parties themselves prior to his intervention.
However, the duty of the board of a notary must be understood today as an obligation imposed upon it to examine not only the shape but also the substance of the agreements it authenticates to highlight the need is so financial imbalances or the risk to one or other of the parties it is the common agent.
So just like a divorce agreement which would simply found by declaration before a mayor - fortunately reform proposal rejected - the contract, when is the authentic form, assumes that apparent its editor, the undersigned, as all the possible consequences of a particular provision relating to the heritage status of the parties and especially that which is most prone to risk.
It will also apply in respect of private deeds executed before a lawyer, who does not have the power to authenticate but nevertheless is subject to a duty to advise permettrela likely to implement a search responsibility in case of apparent risk of certain provisions of the act for one or UATRE co-contractors.
This decision of the Supreme Court has thus reinforce a principle which, increasingly, will be present to the minds of professionals who provide services to non-legal professionals who rely on their skills or the opportunity to check, but at least the balance of contracts .
Lawyers, which should soon be granted the right (and therefore the duties relating thereto) to give the acts they are probative specific, separate from the deed, but far superior to the private deed traditional, should be particularly vigilant when, inter alia, they établisent agreements or commitments that could manage obligations to devote part impractical or subject to imbalance.
The autonomy of the will, the consensual, the Contart by law between the parties, all these old concepts of our Civil Code are dead now, since it involves a professional, and that's good thing, because even in law, the law of the jungle still exists.

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The mandate for future protection

Following a complaint filed by the parents of Justine Gressler, died and her newborn child in the helicopter crash that occurred on April 25 in the parade sandeels in Corsica (see May 30, 2009 Edition) and confirmation of complaint with a request for a civil action filed by their lawyer Mr Henry FLECHER, Bar TOULON, the prosecution of Bastia has opened against X of a criminal charge of manslaughter, calling Nicole Brunel and Robert Gressler to institute civil proceedings before the Magistrate appointed to hear the case, Mrs Tallon.
accordance with Article 85 of the Code of Criminal Procedure, a registered letter with acknowledgment of receipt was sent to the Prosecutor by Me FLECHER June 3, 2009, requesting note the decision of its customers to a civil and open to the public prosecutor and a maximum period of three months for a decision to continue or filing. Mrs. Muriel
Vincensini, Deputy Prosecutor of the Republic of Bastia, has not waited this time to decide the opening of this information, pleading essential for the families of victims who will then have access to the file by via their lawyer and ask whether any additional investigative steps that they deem necessary for the manifestation of the truth.
In his letter to the prosecutor, the lawyer for the family Justine Gressler also said what was desired an investigation into the circumstances preceding the accident, which they believe may have been constitutive of the part of those present before the tragedy, failure to assist persons in danger , thus challenging a possible criminal responsibility of the family of companion Justine, who would soon call for help, or regulator of the SAMU doctor who wrongly assessed the emergency situation in the first call.
Moreover, increasingly, the question arises whether the helicopter used for transportation, regardless of the appropriateness or otherwise of the decision to use it in similar circumstances, presented technical malfunctions that may explain the occurrence of the accident, given the physical setting and poor weather.
It was recalled that back in 2003 and again in 2006, such accidents had occurred with the same type of aircraft in mountain environments, and this had led to warnings from pilots of the Civil Security in 2006.
Today, as all parents of victims of the Air France Airbus, the parents of Justin Gressler and probably those of other victims of the helicopter crash occurred in Corsica expect the Justice that all modern investigative technique are implemented to determine the cause of the accident.

On 26 May, the prefect of Corsica has responded to the request for preliminary results of the administrative investigation had been sent by Me FLECHER that this request was forwarded the same day Mrs. Minister of Interior . However, this transmission has, to date, resulted in no reaction or response from Ms. Alliot-Marie or Branch civil security.

Without questioning in any way how the investigation is conducted, Justine's parents would still like to hear their voices, so that a tragedy does not hunt each other, and so many of Efforts are being made, especially by the Accident Investigation Bureau (BEA), to discover the causes of the accident which tore their daughter and her newborn child, they will never have worn in their arms. In the days that follow, shoot me will bring together all members of the family of Justine Gressler: his parents and brothers, so that a constitution Joint Civil Party is formalized in the hands of Madame TALLONE, Magistrate at the Tribunal de Grande Instance of Bastia.

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NEED TO QUESTION THE PRINCIPLE OF NON RETROATIVITE CIVIL LAW EVEN IF NEW PROVISIONS "fairer"?

"The law provides only for the future: it has no retroactive effect."


The sacrosanct principle of non-retroactivity of laws, curtly told by Article 2 of the Civil Code, which is public, must necessarily be applied by judges, regardless of the "injustice "Or the unfairness of the decision they will be asked to make in a particular case where a new law occurred during the procedure, which would have enabled them to make a decision" more fair ".

Admittedly, this principle has no constitutional value in law enforcement (see Constitutional Council 11/7/1997) and, in civil, does not bind the Legislature (see Court of Cassation, 1st Room 06/20/2000) which may give the text a retroactive application provided unequivocal intention appears (see Court of Appeal Paris 21.05.1971).

But in the absence of unequivocal statement of retroactivity of civil law, judges are bound by the laws in force at the facts in dispute submitted to them.

This situation of our positive law, like many other areas, deserves to be revisited and reviewed, as have been, after several decades, other sacrosanct principles such as that autonomy of the will or of consensus.

The consumer law is contained in this respect, a real spearhead likely to pierce the shell of the non-retroactivity, originally founded on the notion that, by law the contract between the parties and they are supposed to sound mind and not be influenced, there could be no question of questioning by a law, which would have been "freely" consented. Gradually, this "new right" comes to introduce the idea, and sometimes much more, to be pursued, particularly contracts and independently of the traditional vices of consent (mistake, violence, fraud) the state of "dominance" of one of the protagonists (usually the "professional") or dependence the other (usually the "consumer"), whether the balance of the contract has been respected, both in its underwriting conditions in the cancellation option open or not "particular".

Many court decisions are made every day, canceling some as unfair clauses in contracts for internet service providers (ISP) or insurance contracts, but there are still many gray areas not covered by our laws successive national, mostly incomplete, overlapping each other to fix our old law, otherwise known to disappear gradually little in view of the primacy of Community rules or principles affirmed by the European Court of Human Rights (ECHR) which, in view of their Anglo-Saxon terminology, tend towards justice less text and more pragmatic (eg "reasonable time" in criminal law). An example: April 2, 2009, the first Chamber of the Court of Cassation (Appeal No. 08-11231), acting in a legal dispute between a committee of business to a company providing services, broke and quashed a decision of a judge who had seen near that without having informed the other contracting party clearly on the right of non-automatic renewal of the contract, the service company could not rely on an automatic renewal thereof.

J. proximity was at its decision, ahead of its time.

Indeed, his sentence was quashed on the grounds that he had been made while Article L. 136-1 of the Consumer Code as drafted by the Law of 28 January 2005 did not enjoy while in the "consumer" that is to say, only natural persons, that was not the committee business, despite the fact that this article was amended on January 3, 2008 (longer than one year before the ruling of the Supreme Court) by the law called "Chatel Act II" which has extended the application of this section "non-professionals."

Indeed, at the date of the "facts" (and not the decision), the former section L. 136-1, which alone could be applied, and corporations were not entitled to receive it, they were devoid of any profit made up of non-professional or not.

is measured by all the inanity of such a situation, just right, in fact unfair. From

there arises the question: should we question the principle of non retroactivity of civil laws? Or: should we give the courts a discretion to be ahead, compared to the delays of the law?

One can clearly see the heart of the debate: the legislature makes the law, the judge must apply it without qualms, in any case where it is of public order, as is the case in case.

Among the major projects including open justice and simplification of the law, there is of it, like others, that are not listed on the agenda but would well need to be.

Because in our current system, it was always wrong to be right too soon.

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Welcome

Gressler Justine's parents, died and her baby in the helicopter crash in Corsica in the night of April 25 to 26, instructed Mr. Henry FLECHER, a lawyer from Toulon, to register complaints against X for manslaughter.

This complaint was received today by the Judicial Police Officers of the Research Section of PARIS CHARLES DE GAULLE, especially from La Crau (Var), and will be forwarded to the Prosecutor of Bastia.

Justine's parents want Gressler that light be shed on the reasons for their daughter, whose difficult pregnancy was known CH BASTIA, was invited to call at 15, to travel under its own power at the hospital, which led her to conduct a drive in especially difficult circumstances that may have contributed to a worsening of his condition, then the resulting decision to transport by helicopter despite very bad weather.

The delay between his first call for help and support by a physician is of the order of several hours, following the regulator's decision of the SAMU, judging its state compatible with a car transport.

The helicopter crash occurred then, and which have also killed the driver, his mechanic, and the Doctor, who returned from a mission, remains unexplained. But in any case, the patient transportation by road or by helicopter, likely played a role in the delivery made in flight, and maybe this is it related to a loss of control of unit.

Furthermore, parents of the victim and her son decided to file complaint against some parents of their daughter's companion and also against a national weekly, photos of Justine was published without their consent and in disregard of their pain, which is an intolerable violation of image rights and respect for the deceased.

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"When fathers get used to let the children when the son no longer take account of their words, when teachers and their students in awe prefer flatter, when finally the young despise the laws because that they no longer recognize, above them the authority of anyone, so this is in any youth and beauty, the beginning of tyranny. "Plato (fourth century BC. JC)

This early twenty-first century, marked by the resurgence of critical all kinds of all forms of authority and order, is it the harbinger of a French desire disseminates a kickback to the values of the past - the only apparent contradiction?


The People of France never both expressed willingness to both destroy at once the "privileges" of those who work and earn money when there are so many job seekers, and resurrection of a strong state, omni controller, protector to the extreme.


The resignation of so many parents face the kinds of crime or rebellion of their children, curious attitude of teachers and teachers in meeting their obligations to seniors and educators, critics permanent, recurrent, redundant any decision of Justice by the very people who claim to want a more egalitarian social order and respect freedom and therefore barriers that protect them, while it shows much more than a social unrest or an anxiety about the economic future.


The English philosopher Thomas Hobbes (1588-1679) in his famous Leviathan, already analyzed in his time, four centuries ago, contractarian theories defining the role of the state and the social contract based the foundations of society Preparedness.

For Hobbes, man is sociable, not by nature but by accident. The state of nature is the state of the "war of all against all" (Bellum omnium contra omnes

). Hobbes says (repeating Plautus) that "man is wolf to man "(Homo homini lupus). The state of nature must not be understood as describing a historical reality, but as a theoretical fiction. There has perhaps never existed, but it is a fruitful philosophical hypothesis, a construct of the mind that seeks to understand what brings social existence (Leviathan, XIII). This state represents what would be the man, regardless of any political power, and therefore any law. In this state, men are governed solely by self-preservation - that Hobbes calls "conatus" or desire.



But the state of nature men are equal, which means they have the same passions, the same rights to all things, and the same resources - by deception or by marriage - to achieve (Leviathan, XIII). Everyone wants what is legitimately good for him. Everyone tries to do good and everyone is the sole judge of the means to achieve it. This is why men often tend to conflict with each other to get what they deem good for them.


anarchic power of the multitude dominates the state of nature. Endowed with reason, that is to say, the ability to calculate and anticipate, the man provides the danger, and attack before being attacked. The man with the weakest of the ruse could prevail over the stronger (Leviathan, XIII). Everyone is so confident of being able to prevail over others and does not hesitate to attack him to take his property. Ephemeral alliances are formed to override an individual. But hardly a victory is it acquired the winners conspire against each other to benefit only the loot.


This war is so terrible that mankind may even disappear. To those who think that this vision of humanity is pessimistic Hobbes replies that even where the social state Yet there are laws, police force, judges, however, we close our chests and key to our homes for fear of being robbed (Leviathan, XIII). But the state of nature is without law, without a judge and without police ... It is the fear of death (violent death) that result from natural equality, is responsible for the state of war imposes on the lives of all a constant threat. This state, fundamentally wrong, does not prosperity, trade, science, arts, society (Leviathan, XIII).


The "laws of nature" (Chapter XIV and XV) are dictated by reason, and lead limiting the natural right of everyone on everything. The first and fundamental law of nature is to look for peace and not to seek the help of war if the first is impossible to obtain. These natural laws are eternal and immutable
[5] because they are based on rationality. But they must be applied by all. To get there, "said Hobbes, it is necessary to renounce certain rights, for nothing can ensure compliance by all of the natural law. This is where the social contract theory (Hobbes himself does not use that exact phrase).

This will establish a priori

Vital is a contract between individuals, which helps establish sovereignty. Under this contract, each transfers all his natural rights, with the exception of the Inalienable Rights, a "person" who is called the Sovereign, the depository of the State, or Leviathan. Everyone becomes "subject" of Sovereign, becoming too "

author" of all acts of the sovereign. Under this contract, the multitude of individuals is reduced to the unity of sovereign
"The only way to establish such a common power capable of defending humans against foreign invasions and injuries committed to some by others, (...), is to gather all their power and their full force on a man or an assembly of men who may, by majority vote, to reduce all their wills to a single will, which amounts to say, appoint a man, or assembly of men, increasing their person, and everyone recognizes and endorses himself being the author of any action taken or caused by the person bringing them, and subject to these things which concern the common peace and security, hence, all and each of them submit their wills to his will, and their judgments to his trial. This is more than consent or concord : This is a real unity of all in a single person, made by agreement of everyone with everyone, so it's as if each individual had to say to everyone: I allow this man or this assembly of men, and I gave up my right to govern myself in this condition it that you abandoned your claim and all its authorized shares in the same way "[]
The contract is more than mere consent because it aims to establish a "common power" capable of keeping people in check, requiring compliance with agreements by fear of punishment and the criminal sanction. Contracts with each individual to transfer its sovereign rights to hold them all. The only inalienable rights are those designed to protect his life: one can not alienate the "right to resist those who attack you to take your life, nor to resist those who want to imprison you or put you in irons (Chapter XIV).


However, in this first decade of the twenty-first century, all the conditions exist to emerge again, but in practice this time, the idea of a welfare state, even more, that of a World Order.

Then who will or should be " ruler "of this world order?

Whatever the indecisive thoughts of "human hommistes" which follow on television sets, the Security Council the UN is not, by essence, able to ensure that governance .
While still there?
We have the choice between an envoy of God came to earth to rule all people according to religious law that will overcome any form of social contract, such as Allah or his representative, or a "Super President" endowed with all powers and equipped with all weapons. Man providential ideal world, concentrating in his hands all the "forces of good" ... The election


B. OBAMA in the White House looks a bit like a foreshadowing of this scenario of political fiction, and few people in the world today, among those whose state enables the son of concern, regret this historic turning point in our history As there is great hope, through this symbol but also the emergence of the beginnings of a real dialogue between the major powers, beginning with those of G 20, a consensual path toward a new form of balance.


however, and getting back to our starting point for exacerbations of the French people, this requires that the reason it is established and straighten parents, teachers, advocates of positive law.


Hopefully.

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The currency and financial crisis which now reaches every country in the world of course not spared France, yet it seems to resist quite well to the moves that have achieved some major financial and industrial powers.

In this situation every day, the lawyer is faced with economic and social consequences of the crisis in that it reaches the purchasing power and lifestyle of women and men received, advises, advocates every day.

It is the duty of professional free to adapt its working methods, his listening, and fees to pay for his work with the difficulties faced by its customers.

Since time immemorial, lawyers have always been keen to maintain their customers with a relationship of mutual trust. Added to a relationship of understanding, support and patience with the problems caused by the problems faced by those who now have only income than their work.

To them, must promise and provide solidarity, support and assistance as it is with the restoration of labor value that our country, like others, will eventually emerge from the crisis.

Work is not a punishment, not a right, or even a duty, everyone is free to live on roots and fruit of his catch, since it does not rely on others to give him the means . The work is a lifestyle choice, a desire to exist in a world where nothing is to him who does not stand to participate actively in social life.

Counsel, which some mistakenly believe he was born and wealthy millionaire he lives, is central to many problems, he tries to manage in the best interests of its customers and when they know the misery and ruin, he does not abandon. Being a lawyer

citizen, it is.

Mouthpiece With Braces

Madam Attorney General has announced the immediate removal of Studies of solicitors to the court, who continued to exercise cete function candidate on appeal where it had been suppressed at trial since 1972.

And of course, the absence of any program or proposals, the Left right-thinking, which is not a contradiction, is on the stands supporting these gatekeepers and unnecessary, office holders and monopoly privileges totally incongruous.

It is clear that the attorneys were only double the cost of appellate proceedings, all by simply affix their signature on the pleadings drafted by lawyers, only in direct contact with customers and holders of documents .

But successive governments, both left and right, have never dared to touch this institution, whose removal will result in compensation, so significant expenditure.

But should contine to stick with the sedan chair where the Internet exists and that justice has become unaffordable for ordinary litigants?

It was time that a President has the courage to put some order into this jumble of justice, and to delete an intermediary between judge and litigant too.

Sideeffects Of Quadriderm

Divorce
12/17/2007

live controversy surrounding the divorce by mutual consent


In a motion passed at a general meeting on December 14, the national bar association has demanded the withdrawal of the draft Diversion of divorce presented Dec. 12 by Eric Woerth, budget minister and Rapporteur, as part of the modernization of public policies. In consultation with the Conference of Presidents and the Paris Bar, the NBC has called on lawyers to one-day strike of all judicial activities on 19 décembre.Il is indeed intended to divert the divorce by mutual consent divorce, which could be made before the notary when all the conditions of divorce is the subject of an agreement between the spouses. The report adds that "in case of dispute, recourse to the courts will always be possible" and that "in all cases the spouses will always use the services of a lawyer." NBC believes that such reform would be "detrimental to the interests of litigants who would lose the necessary independent oversight of a judge on consent of the spouses and the balance of the conventions, cause additional costs to their charge without any guarantee of speed. " The legal profession believes that this is a "real aggression." The motion states that counsel is requested "to provide even more public service of justice [ie, providing legal aid] in return for compensation below its cost, the benefit of a profession of notary, which itself does not participate in this public service. " Asserting that the purchasing power of the French win to see that reform is completed a "hoax," said Paul-Albert Iweins, president of NBC. He claims, however, that the legal profession is ready to provide "sales [property] as it does in several European countries, as part of a free competition that will only make the purchasing power of French ". In a statement the same day the Supreme Council of Notaries reply that "divorce deserves better than a corporatist quarrel." Notaries in France stressed that they were also surprised to discover that lawyers along with them the proposal. They add that "thinking leads not involved in any way to remove the counsel for the procedure of divorce by mutual consent, but to imagine that the finding of the parties' agreement on their divorce can be authenticated by the notary." Thus, for CSN, the only "real question raised is whether the consent of control of future ex-husband for divorce only by mutual consent may be provided by a lawyer who would thus replace the judge."

SourceCNB, December 14 2007, motionCSN, December 14 2007, provided

Pain In Between Pointer Finger And Thumb

Enactment of simplification in civil, criminal and social


The bill on simplification of the law was adopted on second reading without amendment by the National Assembly December 11, 2007. Besides its main provision - the ability of any person interested to enter the Administration, also held his own motion, a request for repeal of the regulatory acts illegal or irrelevant, that this situation has always existed or that it follows from the circumstances of law or fact post - the text includes numerous measures in civil, criminal and social. Key measures include including: - the possibility for parties to be assisted or represented in court proceedings, the local court or labor matters by their partner or the person with whom they have signed a Civil Solidarity Pact - the deletion of the prenuptial certificate - the fact that the act of recognition will be outside more than the competence of notaries (and not also chief clerks) and will be mentioned "in the margins of the death certificate" - the Registration statements relating to nationality "as of the copies and extracts (from birth) with indication of parentage" - the establishment equal access of creditors and debtors of food to the imposition of their debtor or creditor, regardless of the Revenue Department in the jurisdiction where the charge is established - that the judge may now open and close the case for lack of personal recovery of assets by the same decision - for businesses, the exemption from the requirement to report tax-learning - the use of videoconferencing: hearings before the judicial courts may, by decision of the President of the bench, ex officio or at the request of a party, and with the consent of all parties, take place in several courtrooms directly connected by means of audiovisual telecommunication to ensure confidentiality of the transmission.Le text provides, moreover, that the opposition administrative proceedings to enforce payment by Treasury of a debt or a monetary award should include, on pain of nullity, the nature of the fine and the date of the offense if it is a fixed fine plus, or the date of the court in other cases. Are finally repealed a hundred provisions became obsolete or irrelevant.