Legal Definitions - droit écrit

Droit écrit is a French legal term that literally translates to "written law." In a legal context, it refers to a system of law primarily based on comprehensive, codified statutes and written legal texts, rather than on judicial precedents or unwritten customs. It is a defining characteristic of civil law systems, particularly the legal system of France, where laws are systematically organized into codes.

Here are some examples to illustrate the concept of droit écrit:

• Example 1: Resolving a Contract Dispute in France

  Imagine two companies in France have a disagreement over the terms of a business contract. When their dispute goes to court, the judge will primarily refer to the specific articles within the French Civil Code that govern contracts. This code is a comprehensive, written document that outlines the general principles, rights, and obligations of parties entering into agreements. The judge's decision will be based on interpreting and applying these established written provisions.

  This illustrates droit écrit because the legal authority and the basis for the judge's ruling come directly from a codified, written law (the Civil Code), rather than relying heavily on a collection of past court decisions from similar cases.

• Example 2: Establishing a New Business in a Civil Law Country

  A group of entrepreneurs decides to launch a new technology startup in a country like Germany, which also operates under a civil law system influenced by the droit écrit tradition. To understand the legal requirements for forming their company, they would consult the country's Commercial Code, which meticulously details the different types of business entities, their registration processes, governance structures, and operational regulations. They would find clear, written statutes governing every aspect of their company's legal existence.

  This demonstrates droit écrit by showing how the entire framework for commercial activity, from formation to operation, is governed by specific, pre-existing written laws and codes, providing a clear and comprehensive guide for legal compliance.

• Example 3: Understanding Inheritance Rights

  Consider a French citizen who wishes to understand how their assets will be distributed after their death. To find this information, they would consult the relevant sections of the French Civil Code pertaining to succession and inheritance. This code clearly lays out the rules for who inherits, in what proportion, and under what conditions. They would not primarily be searching through volumes of past court cases to discern general principles, as might be common in a common law jurisdiction.

  This highlights droit écrit because the individual's rights and the legal framework for inheritance are found in a comprehensive, written code that serves as the primary and authoritative source of law on the subject.