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{{short description|French jurist (born 1946)}} |
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'''Serge Guinchard''' (born May 9, 1946) is a French [[jurist]] who formerly taught at the Law School of [[Dakar]] and [[Jean Moulin University Lyon 3]] and most recently at [[Panthéon-Assas University]], where he is now [[Professor emeritus]]. He has also held political posts in the metropolitan government of Lyon. |
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{{confusing|date=December 2013}} |
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{{Rough translation|French|Français}} |
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'''Serge Guinchard''' (born May 9, 1946) is a French [[jurist]] who formerly taught at the Law School of [[Dakar]] and [[Jean Moulin University Lyon 3]] and most recently at [[Panthéon-Assas University]], where he is now [[Professor emeritus]]. He is often called upon as a legal expert and has produced reports on legal issues for the government of the [[Council of Europe]], the [[French Minister of Justice]], and [[NATO]], among others. He has also held political posts in the metropolitan government of Lyon. |
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== Education == |
== Education == |
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Guinchard was born |
Guinchard was born in the [[4th arrondissement of Lyon]] and was educated in [[Caluire-et-Cuire]] and the northern suburbs of Lyon. After completing his secondary education in Lyon,<ref name=coulon>{{cite book | editor-last = Coulon | editor-first = Jean-Marie | title = Justices et droit du procès: du légalisme procédural à l'humanisme processuel. Mélanges en l'honneur de Serge Guinchard | language = French | publisher = Dalloz | isbn = 978-2-247-08525-5 | year = 2010 | location = Paris}}</ref>{{rp|xi-xiii}} he studied at the Faculty of Law of Lyon. He obtained his [[Doctor of law|J.D.]] in 1974 and the ''[[Agrégation]]'' in law the year afterward. |
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== Academic career == |
== Academic career == |
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From November 1969 to September 1974 Guinchard was an Assistant in the Faculty of Law at the [[Lumière University Lyon 2|University of Lyon 2]], then at Jean Moulin University Lyon 3 after its creation. He then became a lecturer at Lyon 3 until December 1975.<ref>[[#Coulon|Coulon (2010)]], p. xii.</ref> From January 1976 to September 1980, he was a professor in the Faculty of Law at [[Dakar University]], heading the Private Law Section from October 1978 |
From November 1969 to September 1974 Guinchard was an Assistant in the Faculty of Law at the [[Lumière University Lyon 2|University of Lyon 2]], then at Jean Moulin University Lyon 3 after its creation. He then became a lecturer at Lyon 3 until December 1975.<ref>[[#Coulon|Coulon (2010)]], p. xii.</ref> From January 1976 to September 1980, he was a professor in the Faculty of Law at [[Dakar University]], heading the Private Law Section from October 1978.<ref name="D_xvii">[[#Coulon|Coulon (2010)]], p. xvii.</ref> He then returned to the University Jean Moulin Lyon III, serving as director of the insurance section then of the Institute of Judicial Studies ; he was Dean of the Faculty from May 1982 to September 1988. In 1988 he moved to [[Panthéon-Assas University]] (Paris 2), where he was director of the Institute of Judicial Studies for ten years, from 1990 to 2000.<ref>''Institutions juridictionnelles'', ed. Serge Guinchard, Gabriel Montagnier, André Varinard, ''et al.'', 10th ed., Paris: Dalloz, 2009, {{ISBN|978-2-247-08450-0}}, p. 798.</ref> In 2001–02, he headed the Center for Research into Justice and Alternative Modes of Conflict Resolution,<ref name="D_xvii"/> then from October 2001 to July 2003, he was director of the Center for Permanent Training.<ref>For a full account of his academic career, see [[#Coulon|Coulon (2010)]], pp. xii–xxviii.</ref> |
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He also served outside the university in several capacities: in 1988–89 and 1993–94, as head of the specialist commission on the legal disciplines for the [[French University of the Pacific]]; from 1992 to 1999 as a member of the Commission on Education for the National Council of [[Bar Association]]s;<ref name="D_xix">[[#Coulon|Coulon (2010)]], p. xix.</ref> from 1991 to 1993 as director of the Bar Association training school for the Paris [[Court of Appeal (France)|Court of Appeal]];<ref name="D_xix"/><ref>Archives of the Paris Bar, 11 Place Dauphine, 75001 Paris and the Training School of the bars the jurisdiction of the [[Court of Appeal (France)|Court of Appeal]] of Paris, 63 rue de Charenton, 75012 Paris</ref> from 1996 to 2000 as a member of the administrative board of the [[French National School for the Judiciary|National School for the Judiciary]]; and from 2000 to 2003 as director of legal studies at the [[École Normale Supérieure]].<ref name="D_xvii"/> He also served on the jury for the national ''agrégation'' in private law and forensic science: in 1984, 1988–89, and 2000–01,<ref name="D_xvii_xviii">[[#Coulon|Coulon (2010)]], pp. xvii–xviii.</ref> and from January 1992 to December 1995 was president of the National Council of Universities of which he was a member from 1987 to 1995 and again in 2000.<ref name="D_xviii">[[#Coulon|Coulon (2010)]], p. xviii.</ref> |
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From 2003 his career became focused on administration when he became [[Rector (academia)|rector]] of the [[Academy of Guadeloupe]], then in 2005 took up the same position at [[Rennes]], which he held for a year.<ref name="D_xiv">[[#Coulon|Coulon (2010)]], p. xiv.</ref> |
From 2003 his career became focused on administration when he became [[Rector (academia)|rector]] of the [[Academy of Guadeloupe]], then in 2005 took up the same position at [[Rennes]], which he held for a year.<ref name="D_xiv">[[#Coulon|Coulon (2010)]], p. xiv.</ref> |
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In June 2007 he became Professor Emeritus at Panthéon-Assas University,{{#tag:ref|Emeritat granted by vote of the board of Panthéon-Assas University, June 17, 2007.<ref name=coulon/>|group=Note}} and in May 2010 a [[Festschrift]] was published in his honour.<ref name="D">[[#Coulon|Coulon (2010)]]</ref> |
In June 2007 he became Professor Emeritus at Panthéon-Assas University,{{#tag:ref|Emeritat granted by vote of the board of Panthéon-Assas University, June 17, 2007.<ref name=coulon/>|group=Note}} and in May 2010 a [[Festschrift]] was published in his honour.<ref name="D">[[#Coulon|Coulon (2010)]]</ref> |
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=== Dissertation committees === |
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{{As of|2010|12|31}}, Guinchard had been a member of 70 dissertation committees, of three kinds: supervision of work leading to a doctoral dissertation, thesis adjudication committees, and committees authorizing the conduct of research.<ref>[[#Coulon|Coulon (2010)]], pp. xlix–liv.</ref> |
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=== Academic associations and learned societies === |
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Serge Guinchard is a member of several academic associations and learned societies: |
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* Member of the Société de législation comparée (Comparative Law Society) since 1972, honorary president of the procedural law section since 2006 |
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* Member of the Association Henri Capitant des Amis de la culture juridique française (Henri Capitant Association of Friends of French Legal Culture) since 1976 |
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* Member of the Société pour l'histoire des facultés de droit et de la science juridique (Society for the History of the Faculties of Law and Legal Science) since its inception |
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* Member of the Cercle des constitutionnalistes (Circle of Constitutionalists) |
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== Legal reports == |
== Legal reports == |
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Guinchard has produced numerous reports at the request of international organizations and of the French and [[Senegal]]ese Ministries of Justice (France and Senegal), many of which led to legislation: |
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===French Ministry of Justice=== |
===French Ministry of Justice=== |
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* Chairman of the Commission named for him<ref>Letter of mission from the Minister of Justice, December 20, 2007, published in the committee's report, ''L’ambition raisonnée d’une justice apaisée'', Documentation française, Official reports, August 2008, ISBN |
* Chairman of the Commission named for him<ref>Letter of mission from the Minister of Justice, December 20, 2007, published in the committee's report, ''L’ambition raisonnée d’une justice apaisée'', Documentation française, Official reports, August 2008, {{ISBN|978-2-11-007277-1}}.</ref> established on January 18, 2008, by [[French Minister of Justice|Minister of Justice]] [[Rachida Dati]],<ref>Speech on the site of the Department of Justice.</ref> concerning the distribution of first instance civil litigation and possible civil diversions (including the issue of transferral to notaries of divorce by mutual consent) and criminal diversions. Report submitted June 30, 2008.<ref>''L’ambition raisonnée d’une justice apaisée''</ref> The report contains 65 proposals for reform; {{As of|2010|12|22|lc=on}}, 26 had been enacted into law. |
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* Chairman of the Commission established on November 28, 2002 by Minister of Justice [[Dominique Perben]] on the quality of civil justice.<ref name="RDJ">Records of the Department of Justice.</ref> Specifically, implementation of a working group on training local judges and lay judges. Reports submitted in January and March 2003.<ref name="D_xix"/><ref>Archives of the Ministry of Justice, 13, place Vendôme, 75001 Paris.</ref> Commission's work behind the decree No. 2004-836 of 20 August 2004 on the reform of civil procedure. |
* Chairman of the Commission established on November 28, 2002, by Minister of Justice [[Dominique Perben]] on the quality of civil justice.<ref name="RDJ">Records of the Department of Justice.</ref> Specifically, implementation of a working group on training local judges and lay judges. Reports submitted in January and March 2003.<ref name="D_xix"/><ref>Archives of the Ministry of Justice, 13, place Vendôme, 75001 Paris.</ref> Commission's work behind the decree No. 2004-836 of 20 August 2004 on the reform of civil procedure. |
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* Chairman of a working group established by Minister of Justice [[Jacques Toubon]] on foreclosure reform of foreclosure, July 1996–June 1997.<ref name="D_xix"/><ref name="RDJ"/> Bill introduced in November 2005, became Ordinance No. 2001-461 of 21 April 2006. |
* Chairman of a working group established by Minister of Justice [[Jacques Toubon]] on foreclosure reform of foreclosure, July 1996–June 1997.<ref name="D_xix"/><ref name="RDJ"/> Bill introduced in November 2005, became Ordinance No. 2001-461 of 21 April 2006. |
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===NATO=== |
===NATO=== |
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* Summary report in October 1974 on research concerning consumer protection under French and Canadian law, funded by a research grant ([[Laval University]], July 1973; [[University of Montreal]], September 1974).<ref name="D_xix"/> |
* Summary report in October 1974 on research concerning [[consumer protection]] under French and Canadian law, funded by a research grant ([[Laval University]], July 1973; [[University of Montreal]], September 1974).<ref name="D_xix"/> |
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== Research and doctrinal positions == |
== Research and doctrinal positions == |
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=== Comparative law === |
=== Comparative law === |
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Recognizing the importance of studies in comparative law for training lawyers, Guinchard pursued such studies beginning with his second doctorate, for which his dissertation compared French and Swiss law. He studied the university system in [[Quebec]] in 1971<ref name="D_xxv">[[#Dalloz|Dalloz]], p. xxv.</ref> and in 1973–74 returned for a study of consumer protection under a NATO grant.<ref name="D_xxv"/> As dean of the Faculty of Law at Lyon (1982–88), one of his concerns was the development of exchanges with other European and with American universities including [[Boston University]], the [[University of North Carolina, Chapel Hill]], [[Georgetown University]], the [[University of Minnesota]], Minneapolis, and [[Saint Louis University]], Missouri.<ref name="D_xvi">[[#Coulon|Coulon (2010)]], p. xvi.</ref><ref>Archives of the Faculty of Law, University Jean Moulin-Lyon III.</ref> He instituted seminars in foreign law conducted by visiting professors from countries including Germany, Belgium, Canada, and Israel. When in 1995 he founded the law review ''Justice'', published by Dalloz, he included a section on judicial systems in other countries,<ref>[[#Coulon|Coulon (2010)]], p. xxxi.</ref> and also included such coverage in the journal ''Droit et procédures'', where he headed the scientific committee, then the peer.<ref>[[#Coulon|Coulon (2010)]], p. xxxii. |
Recognizing the importance of studies in comparative law for training lawyers, Guinchard pursued such studies beginning with his second doctorate, for which his dissertation compared French and Swiss law. He studied the university system in [[Quebec]] in 1971<ref name="D_xxv">[[#Dalloz|Dalloz]], p. xxv.</ref> and in 1973–74 returned for a study of consumer protection under a NATO grant.<ref name="D_xxv"/> As dean of the Faculty of Law at Lyon (1982–88), one of his concerns was the development of exchanges with other European and with American universities including [[Boston University]], the [[University of North Carolina, Chapel Hill]], [[Georgetown University]], the [[University of Minnesota]], Minneapolis, and [[Saint Louis University]], Missouri.<ref name="D_xvi">[[#Coulon|Coulon (2010)]], p. xvi.</ref><ref>Archives of the Faculty of Law, University Jean Moulin-Lyon III.</ref> He instituted seminars in foreign law conducted by visiting professors from countries including Germany, Belgium, Canada, and Israel. When in 1995 he founded the law review ''Justice'', published by Dalloz, he included a section on judicial systems in other countries,<ref>[[#Coulon|Coulon (2010)]], p. xxxi.</ref> and also included such coverage in the journal ''Droit et procédures'', where he headed the scientific committee, then the peer.<ref>[[#Coulon|Coulon (2010)]], p. xxxii.</ref> |
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=== Human rights === |
=== Human rights === |
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From the beginning of his doctoral studies in 1969, Serge Guinchard became interested in fields other than trial law |
From the beginning of his doctoral studies in 1969, Serge Guinchard became interested in fields other than trial law, such as consumer protection and civil law. Some of his writings are outspoken, even caustic<ref>Do not touch my code! ''in'' Mélanges (liber amicorum) Jean Buffet, The procedure in all statements, Petites affiches/LGDJ editor, p. 269.</ref><ref>Imaginary dialogue between a litigant and a lawyer desperate means by the case Kress v/France,Recueil Dalloz (French law review) 2003, chron. p. 152</ref> and cover responsibility for miscarriages of justice,<ref>The liability of officers of justice, summary report to the XXII Conference of Institut of studies judiciaries, Nantes November 9, 1996, ''Justice'' (French law review) 1997/5, p. 109, Dalloz ed. "Judicial Accountability",''in'' ''The judges of irresponsibility to responsibility?''Proceedings of the Conference of the Institute of Criminal Science and Criminology from Aix-en-Provence, 5 - May 6, 2000, Aix-Marseille University Press, December 2000, p. 115. From the irresponsibility of the judge: for how long? in Mélanges (liber amicorum) Jean Pradel, Cujas ed., 2006. The responsibility of judges, Gazette du Palais (French law review) 2006, p. 834, publication of the intervention of the author before the national Commission on miscarriages of justice in the case of Outreau, Paris, National Assembly, April 4, 2006. Hearing is available on the website of the National Assembly. ''Institutions judiciaires'', Dalloz, 10th ed., 2009, sections 238–39.</ref> and his books include proposals for reform.<ref>Thus in ''Institutions judiciaires'', sections 123 to 129 are devoted to proposals for reform of the judiciary and the status of judges</ref> Some of these have led to changes in the law,{{#tag:ref|Thus the time limit for the exercise of certain judicial functions (Act of June 25, 2001), a non-exclusive focus on recruiting student competitions (Act of June 25, 2001, which perpetuates the contest called complementary and law of 5 March 2007 that passes the "turn out" a third of the other recruits instead of fifth) and more focused on the verification of proper legal knowledge and personal qualities of candidates (from 2009, introduction of written tests of civil and criminal proceedings in recruitment competitions) the prohibition against concurrent judicial functions with belonging to an arbitration paid by the parties of the implementation of disciplinary responsibility of judges direct appeal to the Supreme Judicial Council on the initiative of individuals (see Organic Law No. 2010-830 of 22 July 2010 incorporated into the statutory order of December 22, 1958).|group=Note}} while others have not.{{#tag:ref|See his proposal to ban judges from receiving any decoration of the Executive by reason of their professional activity on behalf of separation of powers and like the parliamentarians and ministers, which was never resumed, the judges may still receive decorations.|group=Note}} He has harshly criticized the function of the [[Court of Cassation (France)|Court of Cassation]], the French supreme court,<ref>In his article in ''Mélanges (liber amicorum) in honor of Professor François Terré'', Dalloz/Technical Publishing/PUF, 1999 761, "The law is there still a future for the Supreme Court?"</ref> and contributed to the debate on judges' being [[Freemason]]s,<ref>Can one be Jewish or Buddhist or Christian or a freethinker or a Freemason and Judge. Answer a question impertinent wrongly put on the independence and impartiality of judges belonging to the Freemasons,''in Mélanges (liber amicorum) Pierre Julien, The Civil Justice in the XXIst century,''Edilex ed., p. 203 and s.</ref> regularly updated his contribution to the Dalloz Encyclopedia of Civil Procedure concerning the liabilities incurred due to miscarriages of public justice, and has studied judicial actions that may constitute a threat to human rights.<ref>Threats to Justice for human rights and fundamental procedural rights, in Mélanges (liber amicorum) Jacques Normand, editor Litec, 2003, pages 209 and Justice, consumer good, Mélanges (liber amicorum) Jean Calais Auloy, publisher Dalloz, 2003, pages 461</ref> and written on the removal of judges.<ref>Requiem for the funeral joyous announced the judge, ''in'' Bi-centenary of the Criminal Code and Criminal Procedure Code, a publication of Panthéon-Assas University Editions Dalloz, 2010.</ref> In his writings he focuses on the assurance of rights as it emerges from the jurisprudence of the European Court of Human Rights or, more recently, that of the Constitutional Council on priority issues of constitutionality, particularly in the areas of criminal procedure and jurisprudence.<ref>Manual of Criminal Procedure, co-authored with Jacques Buisson, editions LexisNexis/Litec, he has written including the entire section devoted to procedural guidelines, i.e. guarantees of fair trial. ''Procedure law / human rights trial'', Dalloz ed., 6th edition, Jan. 2011.</ref> |
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=== Consumer protection === |
=== Consumer protection === |
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In 1970, Serge Guinchard proposed a series of consumer protection reforms, including the ability to give consumers the benefit of legal actions traditionally reserved for economic agents in competition law to stop illegal practices,<ref> |
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Serge Guinchard proposed, in 1970, in a thesis for obtaining his second master 2 (Science criminal) and published in 1971,<ref>Published in 1971''The false advertising under French and Swiss federal law - Comparative study of autonomy in civil and criminal, of economic crime'', collection Criminal Sciences, Volume 13, 287 pages, foreword by Albert Chavanne.</ref> a series of reforms for the purpose of improve consumer protection by transcending traditional divisions of law in which he sees an obstacle to the emergence of a genuine economic law, including: the ability to give consumers the benefit of legal actions traditionally reserved for economic agents in competition law to stop illegal practices,<ref>Proposal become positive law in the articles L. 421-6 and 7 of the frencn consumer Code, in drafting legislation n° 88-14 of 5 January 1988, n° 93-949 of July 26, 1993 and Ordinance n° 2001-741, August 23, 2001.</ref> the right to pursue collective action in defense of their combined interests affected,<ref>Action Group,''Rev. Inter. dr. comp.'' (french law review)1990, vol. 3, p. 599. The Class action, concluding remarks at the symposium organized by the Society of Comparative Legislation and the Chamber of Commerce and Industry of Paris, January 27, 2006, collection Symposiums, Vol. 5, the Society of Comparative Legislation editor, p. 135. Between universalism and national identity of law: the idea and the process of introducing a class action in French law, in''Mélanges'' (liber amicorum)Hélène Gaudemet-Tallon, Dalloz ed., 2008. The class action in French law, paper presented at the Law Faculty of Louvain, Center for Interuniversity judicial law private, editions "La Charte", Belgium, November 2008.</ref> the latter proposal made him one recognized experts in a ''french class action'', as evidenced by the application to expose its mechanism to the joint working group "Bercy-Vendome" held in 2005 at the initiative of French President of the Republic whose report<ref>Report submitted to the Ministers of Justice and Economy and Finance, 16 December 2005 and published in the Recueil Dalloz (french law review), 15 September 2005, page 2180.</ref> inspired the bill passed by the Council of Ministers, November 8, 2006,<ref>The project has exactly the structure of the action and the procedure envisaged by Serge Guinchard.</ref> the proposal of the socialist group recorded the Senate April 25, 2006 and the report of the Commission's information on the laws of the Senate ''"the group action in the French law: the complete protection of consumers"''.<ref>Registered in the Senate May 26, 2010 (No. 499). Compare with the title of his article in the Recueil Dalloz (french law review), 2005, p. 2180: ''For a class action in the French law ?''</ref> He was also interested in issues of misleading advertising,<ref>The case Bartissol, false advertising and defamation, said ss. Court of appeal of Paris, May 17, 1970: D. 1972, 78). The case Citroen, false advertising, note ss. Court of appeal of Lyon, 14 March 1974 and criminal juridiction of Lyon, December 3, 1973: "Annales" (french law review) of the law Faculty of Lyons, 1974, 197. The case of Tang or war producers: advertising is not what it was, JCP (french law review) 1979, ed. C.I., Doct., 13 104. Commercial advertising and consumer protection, ''in'' Right of consumers, Story scientific ed., consumer Law Series, 1987, p. 115. Twenty years later: the evolution of sanctions for false advertising, ''in'' Mélanges (liber amicorum) Albert Chavanne, Litec ed., 1990, p. 11.</ref> the right of legal action for consumer associations.<ref>The role and participation of associations in the lawsuit in civil matters, ''Rev. Inter. dr. comp.'' (french law review), 1988, special Series, Vol. 10, p. 13. Associations and Civil Justice, paper presented at the 7th day René Savatier, "The Association", Poitiers, 8 and 9 June 2001, Publications of the Faculty of Law of Poitiers, t. 42, PUF, p. 147. The moral in the courtroom, or how some associations are willing to defend in court a moral order, published in Japanese (translation by Ichiro Kitamura) a lecture at the "Maison Franco-Japanese" Tokyo, December 16, 1996, in Nichifutsu Hogaku, review of the Franco-Japanese legal science, 1999–1922.</ref> Abroad, Article 138a, § 2 of the Belgian judicial code (in the wording of the Act of December 3, 2006) follows this reflection.<ref>V. F. Keffer and D. Brother, "Is there a class action embryo in employment law? " ''in Toward a class action under Belgian law'', conference at Louvain-la-Neuve, December 7, 2007, Editions La Charte (The Charter), Brussels, 2008, p.61, spec. note 26 p. 68, where the authors state that this law is to Serge Guinchard</ref> This field of research in law of unfair competition and consumer law will never be abandoned by Serge Guinchard who even published a contribution to the principle of loyalty, both in competition law and civil procedure, thus connecting between substantive law and procedural law.<ref>From fair competition in the fairness of the procedure or the dangers of the proclamation of a principle designed exclusively as an instrument of political workflow judicial" , ''in'' Mélanges (liber amicorum) in honor to Professor Yves Serra'', Dalloz ed., 2006, p. 229</ref> |
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| title = ''False advertising under French and Swiss federal law - Comparative study of autonomy in civil and criminal law, of economic crime'' |
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| editor = Albert Chavanne |
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| book-title = Criminal Sciences |
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</ref><ref> |
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Proposal become positive law in Articles L. 421-6 and 7 of the french Consumer Code, in drafting legislation n° 88-14 of 5 January 1988, n° 93-949 of July 26, 1993 and Ordinance n° 2001-741, August 23, 2001. |
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</ref> the right to pursue collective action in defense of their combined affected interests,<ref> |
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Action Group, ''Rev. Inter. dr. comp.'' (French law review) 1990, vol. 3, p. 599. The Class action, concluding remarks at the symposium organized by the Society of Comparative Legislation and the Chamber of Commerce and Industry of Paris, January 27, 2006, collection Symposiums, Vol. 5, the Society of Comparative Legislation editor, p. 135. Between universalism and national identity of law: the idea and the process of introducing a class action in French law, in''Mélanges'' (liber amicorum) Hélène Gaudemet-Tallon, Dalloz ed., 2008. The class action in French law, paper presented at the Law Faculty of Louvain, Center for Interuniversity judicial law private, editions "La Charte", Belgium, November 2008. |
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</ref> |
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The latter proposal made him a recognized expert in the ''French class action''. He was also interested in issues of misleading advertising,<ref> |
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The case Bartissol, false advertising and defamation, said ss. Court of appeal of Paris, May 17, 1970: D. 1972, 78). The case Citroen, false advertising, note ss. Court of appeal of Lyon, 14 March 1974 and criminal jurisdiction of Lyon, December 3, 1973: "Annales" (French law review) of the law Faculty of Lyons, 1974, 197. The case of Tang or war producers: advertising is not what it was, JCP (French law review) 1979, ed. C.I., Doct., 13 104. Commercial advertising and consumer protection, ''in'' Right of consumers, Story scientific ed., consumer Law Series, 1987, p. 115. Twenty years later: the evolution of sanctions for false advertising, ''in'' Mélanges (liber amicorum) Albert Chavanne, Litec ed., 1990, p. 11. |
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</ref> the right of legal action for consumer associations. |
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<ref> |
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The role and participation of associations in the lawsuit in civil matters, ''Rev. Inter. dr. comp.'' (French law review), 1988, special Series, Vol. 10, p. 13. Associations and Civil Justice, paper presented at the 7th day René Savatier, "The Association", Poitiers, 8 and 9 June 2001, Publications of the Faculty of Law of Poitiers, t. 42, PUF, p. 147. The moral in the courtroom, or how some associations are willing to defend in court a moral order, published in Japanese (translation by Ichiro Kitamura) a lecture at the "Maison Franco-Japanese" Tokyo, December 16, 1996, in Nichifutsu Hogaku, review of the Franco-Japanese legal science, 1999–1922. |
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</ref> Abroad, Article 138a, § 2 of the Belgian judicial code (in the wording of the Act of December 3, 2006) follows this reflection.<ref> |
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V. F. Keffer and D. Brother, "Is there a class action embryo in employment law? " ''in Toward a class action under Belgian law'', conference at Louvain-la-Neuve, December 7, 2007, Editions La Charte (The Charter), Brussels, 2008, p.61, spec. note 26 p. 68, where the authors state that this law is to Serge Guinchard |
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</ref> |
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=== Civil law and Muslim law === |
=== Civil law and Muslim law === |
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Guinchard wrote half of the definitions of y legal terms in the 1970 first edition of Civil Law Glossary in 1970,<ref>V. in 1971, his article "The concept of acquisitions in the legal system: unity or duality?",''Annals of Law Faculty of Lyon'', 1971-I, p. 151. His thesis civil law (1974) in the list of works not reprinted, quoted in the text.</ref><ref>Indication that heads of the book in question.</ref> which he co-directs<ref>Dalloz ed., now annual edition, 19th edition in June 2011.</ref> and has devoted his doctoral thesis in law (defended in June 1974)''The allocation of property in French private law: testing a general theory.'' |
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Civilian training,<ref>V. in 1971, his article "The concept of acquisitions in the legal system: unity or duality?",''Annals of Law Faculty of Lyon'', 1971-I, p. 151. His thesis civil law (1974) in the list of works not reprinted, quoted in the text.</ref> Serge Guinchard wrote, in his first edition in 1970, half of the definitions of Civil Law Glossary legal terms,<ref>Indication that heads of the book in question.</ref> which he co-directs<ref>Dalloz ed., now annual edition, 19th edition in June 2011.</ref> and has devoted his doctoral thesis in law (defended in June 1974)''The allocation of property in French private law: testing a general theory.'' From the etymology of the verb "affect", he showed<ref>In the first part of this thesis.</ref> that the prefix ''ad'' to classify into two main categories in the assumptions which goods are assigned to a particular purpose: those for which a single direction, a direction is given to the property (and the allocation of premises to commercial use) and those in which the allocation is higher, by the creation of a genuine link between two goods (such as easements or common parts of a condominium that are related to the units). Their regime is moving around rules common to both categories of employment and rules specific to each of them because of the variability in the intensity of the assignment.<ref>Is the purpose of second part of the thesis.</ref> The work of Serge Guinchard on Heritage Trust have inspired the legislature to adopt the [[Trust (law)|Trust]] into French law Article 2011<ref>French civil code, ed. of Act n° 2007-211, February 19, 2007 and Ordinance n° 2009-112, January 30, 2009.</ref> and the status of individual entrepreneur limited,<ref>EIRL, Law n° 2010-658, June 15, 2010, in french commercial code, art. L. 526-6 to L. 526-21.</ref> in which heritage institutions, separate from the personal assets of the Trustee or the individual entrepreneur, is assigned to a specific purpose in the deed of trust or in the founding of the proprietorship, the assets and liabilities transferred under the transaction mentioned in section 2011 of the Civil Code or the occupation of the individual entrepreneur referred to in Article L. 526-6 of the Commercial Code, form a heritage station. Serge Guinchard developed in his thesis the idea of splitting the assets, a "fighter" engaged in professional activity, the other "security", assigned to the preservation of family interests and it is this idea found in the aforementioned law of 15 June 2010 on the EIRL.<ref>On this legal technique in connection with the thesis of Serge Guinchard, v. Catherine d'Hoir-Lauprêtre, "The EIRL, assets allocated dedicated to ... a certain disaffection",'' Pettites affiches (french law review), January 14, 2011, n° 10, page 3, footnote 11.</ref><br /> |
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To [[Senegal]], where he was seconded as a professor at the Faculty of Law of Dakar from January 1976 to September 1980, Serge Guinchard contributed one hand, to disseminate knowledge of law Senegalese family, in his personal and financial aspects (including [[Sharia|Islamic law]] of estates), and, secondly, to reform the company law of this State. As regards the right of the family, he published numerous articles and case comments, emphasizing the conflict between tradition and modernity in post-colonial society in this particular field.<ref>"Critical Reflections on the broad guidelines of the Code Senegalese family, Penant (french law review, 1978, p. 175 ff and p. 325 ff. - The Wedding Customary Law in Senegal,''International Journal of Comparative Law,'' (french law review) 1978, p. 811. - "The judge and the heir in Senegal", Penant (french law review), 1979 141.</ref> Above all, he published the first book addressing the legal status of Muslim in this country estates.<ref>Family property law in Senegal (marriage, inheritance and gifts in Muslim law and civil law), published Nouvelles editions to the African and LGDJ editors, collection "Law Library African and Malagasy", Volume 32, Paris, Dakar and Abidjan, in December 1979 and January 1980, 669 pages.</ref> In direct contact with the High judicial and political authorities of the country, he practiced what might be called a "judiciary to influence" the passage of customary law in civil law codifications based on the post-colonial as well as reflected the assumption by the Senegalese courts solutions he advocated, particularly in the application of customs in time [[Serer people|Serer]] and [[Ouoloff]] Islamized on devolution matrilineal herds of cattle{{#tag:ref|The solution he advocated in his aforementioned article on ''The Judge and the heir in Senegal'' was finally enshrined in case law: comp. his article ''The Judge and the heir in Senegal,'', Penant (french law review), 1979, 141 and the decision of the Supreme Court of Senegal July 21, 1981, review Sen. Law, 1983 15, on the evidence of the will of the decedent's estate to see subjected to Islamic law.|group=Note}} and about the coordination in the last quarter of the twentieth century, inheritance of two statutes as diverse as those from the civil law (largely taken from French law) and Islamic law from,<ref>Rules of Sura 4 of [[Qur'an]] as interpreted in the Malekite (Maliki) rite, with large loans to Tunisian law</ref> in a country with strong traditions and customary Islamized where Islam is the religion of almost the entire population.<ref>''Family property law in Senegal ( matrimonial property, inheritance and gifts in Muslim law and civil law),'' published by Nouvelles Editions Africaines and LGDJ, collection Law Library African and Malagasy, Volume 32, Paris, Dakar and Abidjan, in December 1979 and January 1980, 669 pages.</ref> Regarding company law, Serge Guinchard participated in the preparation of the draft Code of civil and commercial companies of Senegal,<ref>V. the book ''Mélanges (liber amicorum) in honor of Serge Guinchard - Justice and Law trial - From procedural legalism to humanism processual'', publisher Dalloz, May 2010, ISBN 978-2-247-08525-5, page XIX.</ref> became the fourth part of the Code of Obligations, after its adoption by Senegal's National Assembly, he advocated that Senegalese law incorporates the French model of corporate law, but also the Anglo-Saxon, in the hope of attracting investors tradition of common law.{{#tag:ref|Is why there are two models in the code of commercial companies.|group=Note}} In both areas, he always taught these disciplines, along with teaching insurance law and its research activities and "jurislator".<ref>[[#Coulon|Coulon (2010)]], p. xxiv.</ref> |
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His work on Heritage Trust have inspired the legislature to adopt the [[Trust (law)|Trust]] into French law Article 2011,<ref>French civil code, ed. of Act n° 2007-211, February 19, 2007 and Ordinance n° 2009-112, January 30, 2009.</ref><ref>EIRL, Law n° 2010-658, June 15, 2010, in French commercial code, art. L. 526-6 to L. 526-21.</ref> in which heritage institutions, separate from the personal assets of the Trustee or the individual entrepreneur, are assigned to a specific purpose in the deed of trust or in the founding of the proprietorship, |
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=== Justice and law trial === |
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On this field, an author, Bertrand Lissarague, called it a "lord of the proceedings" in the liber amicorum that were offered in May 2007.<ref>[[#Coulon|Coulon (2010)]], p. 5.</ref> These two themes are now over thirty years, the field of research favored by Serge Guinchard.{{#tag:ref|Apparent in the list of publications for over thirty years (1981), reproduced in the works, following in the text and a complete list of all articles, studies, or other contributions that the works themselves, reproduced in [[#Coulon|Coulon (2010)]], pp. xxvii, liv.}} His approach consisted of first, conventionally, from the study (technical) of Justice and its institutions,<ref>''Judicial institutions, Dalloz, op. cit.</ref> Civil Procedure<ref>Book Civil Procedure, Dalloz ed., January 1981 for the 20th edition, the direction and co-writing ''Dalloz-Action Law and Practice Civil Procedure'', Dalloz ed., 6th ed. 2009.</ref> and execution means.<ref>Law and Practice of enforcement, Dalloz ed., 6th ed., 2009.</ref> But his willingness to explore new horizons that French civil law and the civil law<ref>V. his studies in Swiss, Canadian, Senegalese and Muslim.</ref> took him very quickly, to go beyond: it not only explored the other traditional litigation (criminal and administrative procedures with the publication, mentioned earlier, in February 2000 of a book of Criminal Procedure (in collaboration with Jacques Buisson), but mainly it globalize the study of law and justice of the trial, in that it comes out of its procedural law ghetto technique to show that it is attractive to guarantee fundamental rights and that it is itself the guarantee of the rights guaranteed through the notion of a fair trial. In this regard, Serge Guinchard studied a right of trial humanist, beyond the procedural technique, based on human rights.<ref>See his article "The share of the doctrine in civil proceedings", ''Journal of Law of Assas,'' (frenc law review) 2011/3, Lextenso editor, p. 73.</ref> It deepened the study of law to a fair trial, including its precise Dalloz ''processual law, fundamental rights'' of the trial and saw the procedural law of the law guaranteeing the rights procedural citizens, in terms of the European Convention on Human Rights and the French Constitution.<ref>See "Towards a procedural democracy," french law review ''Justice'', Dalloz ed. 1999/1, p. 91 ff, and "Metamorphoses of the proceedings at the dawn of the third millennium", in ''Keys to the Century'', Panthéon-Assas University and Dalloz ed., May 2000, p. 1135–1211.</ref> |
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In [[Senegal]], where he was seconded as a professor at the Faculty of Law of Dakar from January 1976 to September 1980, Guinchard contributed, to disseminate knowledge of Senegalese family law, including the [[Sharia|Islamic law]] of estates), and, to reform the company law of this State. He published the first book addressing the legal status of Muslim in this country estates.<ref>Family property law in Senegal (marriage, inheritance and gifts in Muslim law and civil law), published Nouvelles editions to the African and LGDJ editors, collection "Law Library African and Malagasy", Volume 32, Paris, Dakar and Abidjan, in December 1979 and January 1980, 669 pages.</ref> |
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==== The globalization of the right of trial ==== |
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Globalization means the right of trial here, as has been said, the willingness of law out of its ghetto procedural technique to show that it is attractive to guarantee fundamental rights and that itself is the guarantee of the rights guaranteed through the notion of a fair trial. This globalization is illustrated by the four developments to which it gave rise: |
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* ''Globalization as meaning the first law of the trial is viewed and practiced in all its technical dimensions'', regardless of the type of litigation. Author or co-author of four books of Civil Procedure<ref>Precis Dalloz Civil Procedure, 30th edition, 2010. Precis Dalloz Judicial institutions, 10th ed. 2009. Hypercours Dalloz Civil Procedure, 2nd edition, 2011 and Dalloz-Action of Civil Procedure, 6th ed., 2009. All these books are referenced in the text in the list of his publications regularly reprinted.</ref> and enforcement procedures<ref>Dalloz-action enforcement, 6th edition, 2009, referenced in the list of his publications.</ref> and a book of Criminal Procedure,<ref>Published by LexisNexis/Litec since 2000, 6th edition in September 2010, complete reference in the list of his publications.</ref> all still reprinted, some each years:<ref>Criminal Procedure, glossary of legal terms, the general preparation of oral in the Institutes judicial studies (IEJ) and how to become a lawyer, all referenced in the text, § the list of his works regularly reprinted.</ref> and two codes of civil procedure, one annotated 1986 to 1996,<ref>Litec editor, Code of Civil Procedure, known as "Blue Code" among legal experts, referenced to the text in the list of his works not reprinted.</ref> another commented, in 1999 and 2001.<ref>This is the ''MegaCode of Civil Procedure,'' said "red Code", Dalloz editor, 1st edition 1999, 2nd edition, 2001, editions referenced in the list , the text of his works not reprinted.</ref> He also practiced all financial and administrative litigation (Regional Chambers of Accounts and Audit Court) when he was in charge of legal and judicial affairs for Mayor of Lyon and the urban community of this town, as that assistant vice-president of both communities (the litigation was within its two delegations of functions).<ref>V. Municipal journal in the City of Lyon and the Lyon Urban Community, departmental archives, the delegations of power and authority.</ref><ref>[[#Coulon|Coulon (2010)]], pp. xxiii–xxiv.</ref> |
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*''Globalization even in the sense that before or alongside the trial, we found alternative dispute resolution (Alternative dispute resolution or ADR) and arbitration'', which are the subject of significant developments in the works of Serge Guinchard of judicial institutions and civil procedure,<ref>''For ADR'', v. his book ''Judicial institutions'' Dalloz ed., 2009, pages 46 to 64, n° 37 to 53-1. ''For arbitration'', v. "Arbitration and the principle of contradiction," french law review, Revue de l'arbitrage, 1997, p. 185 and his book Processual Law, Dalloz ed., 30th ed., 2010, n° 2255-2327, pages 1477–1515.</ref> and has integrated, in October 1991, he created the curriculum for Panthéon-Assas University, as a graduate diploma (today master 2 professional) ''in litigation and arbitration, alternative dispute resolution''.<ref name="D_xvii"/> Serge Guinchard insisted, in 1996, during a conference in Nice on 30 and 31 October 1996,<ref>The avoidance of civil judge, symposium organized by the Centre for Research and Study of Economic Law (= CREDECO), report on new places and new forms of conflict resolution and published in the LGDJ editor, 1998, col. Law and Society, Series Research and Proceedings, Vol. 5, p. 221.</ref> on the importance taken by these means in the regulation of conflicts, but also their proceduralisation by the rules of fair trial.<ref>Cf his article "The avoidance of civil court", in ''The new sites and new forms of conflict resolution'', LGDJ ed., 1998, collection Law and Society, Research Series, works, vol.5, p. 221.</ref> Ten years later, he advocated the extension of alternative dispute resolution in the report of the commission he chaired in 2008 on the reorganization of litigation and diversion,<ref>Report given June 30, 2008, ''The reasoned ambition of a justice appeased'', Documantaion française editor, August 2008.</ref> following the filing of this report conciliation and mediation have been reinforced by decrees n° 2010-1165, 1 October 2010 and n° 2010-1395, 12 November 2010 who returned the all of its proposals, in addition, Law n° 2010-1609 of 22 December 2010 introduced into French law<ref>In the Civil Code, sections 2062–2068.</ref> a participatory process of negotiation assisted by counsel, the same one that Serge Guinchard had recommended in its proposal n° 47. |
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*''Globalization, third, the exploration of social sciences other than strictly legal'': anthropology,<ref>Report on the work of Laurent Sermet,''a legal anthropology of human rights - Roads Indian Ocean,'' Agence universitaire de la Francophonie ed., 2009,''in''RTDCiv. 2010/2, 397. The procedural law, common reference in the Euro-Mediterranean, in Mélanges (liber amicorum)Giuseppe Tarzia, Giuffrè publisher, Milan, p. 465.</ref> history,<ref>The share of the doctrine in civil procedure, Law review of Assas, 2011/ 3, Lextenso editor, p. 73. "Visioz, a renovator in search of procedural law", presentation of the new edition of Studies of Civil Procedure provided in 1956 in memory of Henry Visioz, Dalloz, February 2011.</ref> sociology,<ref>The contribution the sociology of the right to procedural reform, "French national report to the International Congress of Procedure, Würzburg, Germany, 12–17 September 1983, in Rechtssoziologie und Prozsrecht, Orac ed. Wien, 1983 59.</ref> philosophy,<ref>"The trial beyond the walls", in Mélanges (liber amicorum)Gérard Cornu, PUF, 1994 201. "The moralists in court",''in'' Mélanges (liber amicorum) Jean Foyer, PUF editor, 1997. "The moral in the courtroom, or how some associations are willing to defend in court a moral order," published in Japanese (translation by Ichiro Kitamura) a lecture at the Maison Franco-Japanese Tokyo, December 16, 1996, in Nichifutsu Hogaku, review of the Franco-Japanese legal science, 1999–1922.</ref> literature, economics of justice.,<ref>"The influence of the economic crisis on justice, compared to Vth Days René Savatier, October 6, 1995, Publications of the Faculty of Law of Poitiers, Volume 31, PUF, 1997.</ref> etc.., not to mention the contributions of foreign rights.<ref>V. his book ''Processual law/Human rights trial'', Dalloz ed., 6th edition, January 2011, which includes systematic overviews of American law, English law, German law and Italian law. The other social sciences, v. his book for students, collection Hypercours, Civil Procedure, Dalloz ed. 2nd edition, 2011.</ref> Thus, Serge Guinchard created in October 1995 in conjunction with the founding of the review ''Justice'', Dalloz ed., a postgraduate diploma (DEA, today master 2 search) Justice and the Law trial at Panthéon-Assas University, curriculum in which the study of procedural law is no longer to compare the three major administrative litigation, civil and punitive, but to transcend all disputes, including those of disciplinary bodies and regulatory authorities, under the light of other social sciences and drawing on international instruments protecting human rights and comparative law (a seminar was devoted to "Justices of the World" and entrusted to foreign lawyers: Shlomo Levin, vice president of the Israeli Supreme Court, Michel Bastarache, Judge at the Supreme Court of Canada, Jacques Van Compernolle, Professor at the University of Louvain-la-Neuve, etc.). Seminars legal anthropology, sociology of justice, philosophy of law the trial, history and economy of justice, Justice in the literature of the great French and foreign classics, even in film, staked the diploma program. |
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*''Globalization, Fourth, it is to anchor the study of law and justice trial in fundamental rights''.<ref>V. his book ''Processual law/Human rights trial'', Dalloz, 6th edition, January 2011.</ref> In his book ''Proessual law/Human rights tria'', Serge Guinchard designs procedural law (unlike Henry Visioz<ref>"Visioz , a renovator in search of procedural law ", presentation of the new edition of Studies of Civil Procedure provided in 1956 in memory of Henry Visioz, Dalloz, February 2011.</ref> Henri Motulsky and some contemporary writers), not as a comparison of litigation in the immutable purity of their technical rules, but as the law tries to forge a link between everyone from common rules,<ref>"The metamorphosis of the procedure to Dawn of the Third Millennium" in''Keys to the Century'', Panthéon-Assas University and Dalloz ed. May 2000, p. 1135 to 1211. Book ''Processuale law'' in January 2001, which later became, in January 2011 with the publication of the 6th edition,''Processual law - Fundamental Rights of the trial''(Dalloz ed.), to better emphasize the contributions to the theory of fair trial, including with glimpses of German law, American law, English law and Italian law written by specialists in these legal systems.</ref> which is found exposed in particular the jurisprudence of the Committee of Human Rights of the UN (on the basis of Article 14 of International Covenant on Civil and Political Rights), the European Court of Human Rights (from Article 6 of the European Convention on Human Rights and Fundamental Freedoms) and the Constitutional Council (whose jurisprudence is increasingly important with the priority issue of constitutionality). And this link for more than 800 million Europeans under the Council of Europe.<ref>Statistics on the site of the Council of Europe.</ref> Serge Guinchard has become, through his writings, one of the leading specialists of the Covenant in New York Covenant on Civil and Political Rights of 19 December 1966<ref>"Application of the International Covenant on Civil and Political Rights of December 19, 1966, by the ordinary courts", Petites affiches, french law review, May 25, 2000. "The rule of law and the place of justice," communication to the Second International Symposium on Human Rights, organized by the Democratic League of Human Rights, Athens, 1 and 2 June 2006, published in the Yearbook International Human Rights, Ant. N. Sakkoulas and Bruylant ed., 2007-II, p. 103.</ref> of the European Convention on Human Rights<ref>"The influence of the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights on the French civil procedure," Lecture in Tel Aviv, before judges of the Israeli Supreme Court, January 26, 1999, the Grand Chamber of the french supreme Court of Cassation, February 26, 1999, published in the Gazette du Palais, french law review, 1999, doctr., 1246. "The application of the European Convention on Human Rights by the judicial court," ''Europe'', french law review, n° Special Issue, October 1999, p. 15.</ref> of the constitutional law<ref>"The entrenchment of civil procedure," Lecture Jan. 25, 1999 in Tel Aviv before judges of the Supreme Court of Israel, published in Mélanges (liber amicorum) Pierre Drai, Dalloz, 2000, 355. "The entrenchment of procedural law", in the 50th anniversary of the French constitution, French Association of Constitutional Law, Dalloz ed., (Ed. B. Mathieu), p. 459.</ref> and especially the fair trial guarantees which are derived from these texts and jurisprudence and is likely to him that we must, both written, the changing face of procedural law, the transition from procedural legalism to humanism procedural. |
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=== Justice and legal proceedings === |
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==== From procedural legalism to humanism processual ==== |
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On this field, author Bertrand Lissarague called him a "lord of the proceedings" in the [[Festschrift|liber amicorum]] offered in May 2007.<ref>[[#Coulon|Coulon (2010)]], p. 5.</ref>{{#tag:ref|Apparent in the list of publications for over thirty years (1981), reproduced in the works, following in the text and a complete list of all articles, studies, or other contributions that the works themselves, reproduced in [[#Coulon|Coulon (2010)]], pp. xxvii, liv.}} |
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In the writings of Serge Guinchard, processual law is no longer the law that reflect their procedural discipline by scrutinizing their procedural aspects of a purely technical, but the right of those interested in the common sources of inspiration for all litigation, their foundations, principles of natural law that are necessary in the conduct of all trials.<ref>"The share of the doctrine in civil procedure", ''La Revue de droit d'Assas'', 2011/3, Lextenso éditions, p. 73. "Visioz, a renovator in search of procedural law", presentation of the new edition of Studies of Civil Procedure provided in 1956 in memory of Henry Visioz, Dalloz, February 2011.</ref> This doctrine, that Serge Guinchard colleagues have termed "humanism processual" in the title of the book they gave him in May 2010,<ref>Mélanges (liber amicorum)in honor of Serge Guinchard - Justice and law Trial - From procedural legalism to humanism processual, publisher Dalloz, May 2010, ISBN 978-2-247-08525-5.</ref> is playing an increasing role in construction, day to day warranty the guarantee of rights. It helps to bring out key principles that the contours of the procedural democracy of tomorrow. <br /> |
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a) Serge Guinchard tried to highlight what he called the triptych's right to a fair trial in his writings above, including the book Dalloz processual law: the right to a judge,<ref>"Access the judge's view of the jurist ", Law and Economics in the civil trial [eds. Danny Cohen], LGDJ, 2010, p. 25.</ref> including the effectiveness of this right by the removal of all barriers to financial and legal,<ref>"Little by little, the effectiveness of the right to a judge crumbles" Mélanges (liber amicorum) Jacques Bore, Dalloz ed., 2006.</ref> the right to a good judge, with institutional guarantees: unity or duality of the courts; unit or collegiate courts,<ref>"Single judge, collegiality and remedies ", the States General of the profession of lawyer on the reform of the Code of Civil Procedure, Dalloz, collection issues and comments, 1998 , p.83.</ref> a higher court,<ref>"The second level of jurisdiction in civil matters today and tomorrow", Gazette du Palais, french law review, 1996, Doct. 1004.</ref> independence and impartiality of the judge;<ref>"The independence and impartiality of the judge: the fundamental principles of law", paper to the working group Belgo-Franco-Germano-Italian, Leuven, December 5 . 2002, Bruylant ed., 2005, p. 3.</ref> secular courts,<ref>"Can one be Jewish or Buddhist or Christian or a freethinker or a freemason and a judge? Impertinent response to a question wrongly put on the independence and impartiality of judges belonging to Freemasonry",''in'' Mélanges (liber amicorum) Pierre Julien, The Civil Justice in the XXIst century Edilex ed., p. 203 and s.</ref> a language understood by litigants, and also by procedural guarantees, with a public procedure, fast<ref>"Time in Civil Procedure," Annals of the Faculty of Law, Clermont Ferrand, LGDJ, 1983, Issue 20, p. 21. "The weather in Civil Procedure, seeking solutions to procedural organization", Dalloz ed., collection Topics and comments, 1996. Issue on LCI television, referring to the reasonable procedures in January 1998 with Poerre Rance.</ref> and equitable within the meaning of the requirement of reasoned decision,<ref>"The reasons decisory" translation Japanese in the Japanese magazine Jurists, a lecture at the University of Tokyo, December 17, 1996.</ref> the principles of equality of arms and the principle of contradiction,<ref>" The arbitration and the principle of contradiction, french law review, Revue de l'arbitrage (arbitration), 1997, p. 185.</ref> the right to carry out the judge's decision.<ref>"A good example of France against France at the top to bottom: the proposed abolition of the effect of suspending appeal," Petites affiches, french law review, June 5, 2002, n° 112, p. 4. "For a provisional enforcement and humane and the right of free criticism of the justice of things", Petites affiches, french law review, Oct. 28, 2002, n° 215, p. 7. "The law enforcement: between myth and reality," ''in'' Rights and procedures, frenc law review, EJT editor, collection Law and Procedures, 2007, p. 153.</ref><br /> |
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b) Serge Guinchard has advanced the idea as early as 1999,<ref>Article in the french law review "Justice", 1999 / 1, p. 91 ff, "Towards a procedural democracy," and also "What guiding principles for trial tomorrow? " in Mélanges (liber amicorum) J. Van Compernolle,''Bruylant ed., 2004</ref> that three structuring principles are emerging behind the guidelines currently being held in each type of litigation, the principles that meet new needs, as expressed by litigants and citizens. <br /> |
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-''Need''of confidence in the institution of justice and respect for others, where a principle (structuring) of loyalty,<ref>"From fair competition in the fairness of the procedure or dangers of the proclamation of a principle designed exclusively as an instrument of political workflow court", in Mélanges (liber amicorum) Yves Serra, Dalloz ed., 2006, p. 229. Preface to the thesis of Miss Marie-Emma Boursier,''The principle of procedural fairness in law'', Dalloz, New Library Thesis, 2003.</ref> particularly in the search for evidence; <br /> |
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-''A need to''listen to the Other, whether the parties or the judge or of others, where a principle (structuring) of dialogue between parties and between them and J.;<ref>"The original hearing: the conciliation in the heart of the defense rights of the employee - An active judge who combines, orders and decide," the summary report at XXX Symposium of Social Law, organized by the union lawyers from France, Paris, December 10, 2005, published in Droit ouvrier, french law review, 2006.</ref> <br /> |
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-''A need for closeness''last, but not necessarily in space, time taken to traverse a distance a substitute for geographical proximity, resulting in principle, also structuring, speed.<ref>"The time in civil proceedings',''Annals (review) of the Faculty of Law, Clermont-Ferrand,'' LGDJ, 1983, Issue 20, p. 21. "The time in Civil Procedure, seeking solutions to procedural organization", Dalloz ed., collection Topics and comments, 1996.</ref> <br /> |
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These are the guiding principles of tomorrow, emerging principles, which means they are not yet accepted by all.<ref>"What guiding principles for trial tomorrow?" Mélanges (liber amicorum) Jacques Van Compernolle, Bruylant ed., p. 201.</ref> They structure all litigation and should be "put in letters of gold pediments courthouse".<ref>J. Cl Magendie,''in Mélanges S. Guinchard'', Dalloz ed., 2010, 329: "Loyalty, dialog, speed, three principles for inclusion in letters of gold in the pediments of the courthouse."</ref> They reflect the advent of a procedural democracy.<ref>"Towards a procedural democracy?" "Justices", french law review, New Series, 1999–1, 91.</ref> <br /> |
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c) Finally, Serge Guinchard has yet tried to show that we have entered a new era of exceeding pure technical procedural issues, not because they would become useless, but because they need to be revisited the light of globalization<ref>"The global process modeled," Recueil Dalloz, french law review, 2003, p. 2183.</ref> (which induces an attraction of civil procedure to guarantee fundamental rights) and in the light of a model law of the trial (the rules of fair trial are now the model of a right joint trial). Simple technique of organizing civil lawsuit (as the company is a technical organization of the company, among others), the procedure has become an instrument for measuring the effectiveness of democracy in our country<ref>"The awakening of a sleeping beauty sleeping too long or the civil procedural law between classical, neo-classical or European technical and organization of the trial, in Mélanges (liber amicorum) R. Martin, Bruylant/LGDJ, 2004)</ref> As the European Court of Human Rights is closely monitoring.<ref>For an illustration in Case Kress, June 7, 2001, about Instead of the government commissioner to the State Council, v. S. Guinchard, O Kress, where is thy victory, or the difficult reception in France of a (half) lesson of procedural democracy, in Mélanges (liber amicorum) G. Cohen-Jonathan, Bruylant ed. 2004.</ref> |
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== Political |
== Political activities == |
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Guinchard was Deputy Mayor of Lyon for two terms from 1983 to 1995,<ref>Archives of Lyon, in particular municipal ballots for the period under review, the prefecture of the Rhone and the Ministry of Interior.</ref> and Vice-President of the Urban Community of Lyon from 1989 to 1995.<ref>Archive Urban Community of Lyon, in particular Gazettes for the period under review, the prefecture of the Rhone and the Ministry of Interior.</ref> |
Guinchard was Deputy Mayor of [[Lyon]] for two terms, from 1983 to 1995,<ref>Archives of Lyon, in particular municipal ballots for the period under review, the prefecture of the Rhone and the Ministry of Interior.</ref> and Vice-President of the Urban Community of Lyon from 1989 to 1995.<ref>Archive Urban Community of Lyon, in particular Gazettes for the period under review, the prefecture of the Rhone and the Ministry of Interior.</ref> |
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=== Municipal Warrant and agglomeration 1983–1989 === |
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==== Key actions within the municipal mandate ==== |
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Guinchard was elected Councillor and Borough Councillor Lyon in the seventh arrondissement of Lyon in March 1983.<ref>Archives of the City of Lyon and in particular municipal journal. Archives of the prefecture of the Rhone and the Ministry of Interior.</ref> He was elected Deputy Mayor of Lyon, in charge of the Municipal Police, Administrative Police (relationships with merchants) and prevention of delinquency.<ref>Delegations functions published in the Journal of the Town of Lyon March 1983.</ref> Important actions which he took in this role include:<ref>[[#Coulon|Coulon (2010)]], pp. xxi–xxii.</ref> |
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''a) For the Prevention of Delinquency'':<ref name="D_xxi">[[#Coulon|Coulon (2010)]], p. xxi.</ref> the establishment of a support system for elderly and disabled people in financial institutions (banks, savings and post offices), the creation a system to protect high-risk businesses (jewelers, furriers, etc. ..) by connecting to a remote monitoring network, improving the security of public car parks, improving safety in swimming pools and skating rinks, creating a network of remote alarm which all could relate Lyon, after court proposals, the creation of twenty "community service" posts in the Lyon City Hall to accommodate offenders; installation of conscripts in public housing, creation and animation of a municipal commission of crime prevention in conjunction with the social partners, the judiciary and police participation in the facility in July 1983 and Matignon the work of the National Crime Prevention; monthly meeting with the Prefect of Police of the Rhone and the Departmental Director of urban policies for better coordination of municipal and state in the prevention of delinquency, developing and publishing a [[White Paper]] on crime Lyon.<ref>Published by printing the City of Lyon.</ref> |
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''b) In the Municipal Police'':<ref name="D_xxi"/> reform of paid street parking, improving the rotation of cars parked in the central business, establishing parking on rotating land provisionally free; laying humps outside schools; protection against sidewalk parking by installing anarchy of studs and stakes of quality control program of the lamps reorganization of the municipal pound with increased possibility of intervention for the benefit of Lyon can not leave their car in their garage privatization of impounded animals; privatization of wreck removal; establishment of mobile teams of municipal police officers specially assigned to double parking, improvement of equipment for police municipal building and municipal police stations in the boroughs of network development with a transit authorization policy against bus lanes to make sense of movement and double lanes reorganization and Chair of the Disciplinary Board of taxi drivers ; renovation of the entrance examination to the occupation of taxi drivers, creation of bicycle lanes in lanes protected. |
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''c) In the administrative police'':<ref name="D_xxi"/> fixing objective rules and permanent clearance sales, liquidations and clearance; better understanding of these legal events, developing a regulatory pedestrian areas strict regulations permissions late opening of pubs and other nightspots. |
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==== Activities under the mandate of agglomeration ==== |
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Elected Councillor for Urban Community of Lyon from 1983 to 1989.<ref>Archives of the prefecture of the Rhone and the Department of the Interior, and the Urban Community of Lyon. V.</ref><ref name="D_xxii">[[#Coulon|Coulon (2010)]], p. xxii.</ref> Participation in commissions and road transport. Member of the Board of Directors of the mixed enterprise company Lyon Parc Auto.<ref name="D_xxii"/><ref>Archive Urban Community of Lyon and the Lyon company Auto Park.</ref> |
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=== Municipal Warrant and agglomeration 1989–1995 === |
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==== At the heart of Lyon and urban policy ==== |
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Responsibilities include, during this period, financial and investment planning, works and services of general resources, legal and insurance, vice president of the Urban Community of Lyon (monitoring of major contracts and delegated management, control of internal and external management, litigation and insurance),{{#tag:ref|Of these delegations of authority, see Official Journal of the city of Lyon and its urban community, and [[#Valode|Valode (2010)]].|group=Note}}<ref name="D_xxii"/> president of the private-public enterprise company Lyon Parc Auto (see below the next §), director of the civil hospitals of Lyon and Sytral (body organizing transport in Lyon),<ref name="D_xxii"/><ref name="Valode">[[#Valode|Valode (2010)]]</ref> he participated in the policy of urban renewal Mayor Michel Noir, between 1989 and 1995, he was the closest collaborator, as expressed by an observer from the period 1989–1995:<ref name="Valode"/> ''Michel Noir was surrounded by four aces, two brains are old companions, Henry Chabert and Serge Guinchard; the second, polished aggregate of Law, former Deputy Collomb''.<ref>[[#Valode|Valode (2010)]], p. 99.</ref> According to Philippe Valode in his book just quoted,''"the new mayor (elected in March 1989) has four key ideas provide the agglomeration of structural facilities, develop the quality of education, starting by the younger, strengthen solidarity between the people of Lyon, the most poorly housed mothers of large families, transforming their city into a dark city where beauty triumphs. Thus the deepening of underground parking (see below) the development of green spaces and places, especially the construction and renovation of the HLM, the lighting, the development of universities in Lyon, the child in the city plan, multiplying the nursery and primary schools, the last true launch of the International City project decided by the municipality earlier, contribute to these goals. In this package, plus several initiatives in the cultural field, with the birth of a renovated opera under the pencil Jean Nouvel and the opening of the History Museum of the Resistance and Deportation, not to mention the rehabilitation of the Conservatory of Music and the transformation of the theater district in the eighth house dance "''.<ref>[[#Valode|Valode (2010)]], p. 103.</ref> Philippe Valode considers Serge Guinchard by the functions it performs then (Finance and Works) will be the main architect of the implementation of this program. Thus, Philip Valode he continues his presentation of this period the city of Lyon:''Michel Noir led the galloping change, under the supervision of highly qualified financial assistant, Serge Guinchard. A total of six years from April 1989 to June 1995, investment in the urban area can be estimated at four billion francs. The money is primarily used for digging underground car park, mostly in downtown ... As policy to beautify the city, it is expressed through the illumination of monuments and bridges of Lyon, but also by the new alignment places Lyons''.<ref>[[#Valode|Valode (2010)]], p. 105.</ref> |
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==== At the City of Lyon ==== |
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Re-elected Councillor and Borough Councillor Lyon in the seventh arrondissement of Lyon, March 19, 1989.<ref name="ReferenceA">Archives of the prefecture of the Rhone and the Ministry of Interior.</ref> Elected Second Deputy Mayor of Lyon (Michel Noir), responsible for finance, investment planning, work and generals.<ref>Official municipal journal from the city of Lyon in March and April 1989 for the election and as assistant to the official publication of delegations.</ref> In this respect: the development and monitoring of the budget of the city of Lyon, determination of policy investment programming; equipment plans 1991–1993 and 1994–1995 (priority to child care, housing, parks and public; organization work in the city of Lyon: the rehabilitation of markets after the opera overhaul the record; launch a loan of one billion francs (in 1989), with the assistance of the National Credit by tender and competition between major French banks and foreign negotiating the renewal of concessions, EDF [electtricity company of France]/GDF [gaz company of France], negotiating the transfer of certain cultural facilities in the department; launch of audit procedures: Fund schools, Centre for social action; football club of Lyon; renewal of insurance contracts from the city of Lyon tender procedure following an audit, monitoring the litigation of the City of Lyon.<ref name="D_xxii"/><ref name="Valode"/><ref>Official municipal journal of the city of Lyon for discussions that have authorized these actions.</ref> |
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==== In para-municipal ==== |
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Chairman of the private-public enterprise company Lyon Parc Auto.<ref name="D_xxii"/><ref name="Valode"/><ref>Archives society Lyon-Parc-Auto, as the deliberations of its board of directors.</ref> As such development and implementation of a program of construction of 8000 parking spaces in 6 years (see the next §). Administrator of the transit union of Lyons (SYTRAL). Participation in the launch of the Metro Lyons, line D, fully automated. Administrator Hospices Civils de Lyon and Hôpital Edouard Herriot. Administrator (SERL private-public development company in the region of Lyon). Director of Crédit Municipal de Lyon (as such audit of the finances of the organization and reorganization of the banking business). Director of the mixed enterprise company ICARE (computer equipment private-public company). Founding director of SEM Semifal land, who conducts a policy of land reserves. Member of the Lyon Urban Region, Association of consultation on the development of the urban area of Lyon, beyond departmental boundaries.<ref name="D_xxii"/><ref name="Valode"/> |
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==== At the Urban Community of Lyon ==== |
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Reelected advisor to the Urban Community of Lyon.<ref name="ReferenceA"/> Elected second vice-president of the Metropolitan in charge of management control, corporate control of mixed economy and delegated management, negotiation and monitoring of major contracts (sanitation, heating, water, incineration, cleaning, etc. ..), and general resources services.<ref>Official Journal of the Urban Community of Lyon, June 1989.</ref> In this capacity: establishment of a system of internal management controls in the Urban Community and the external delegated management (including concession) and private-public companies. Negotiation of major contracts: Subway as MAGGALY (GTM/Matra); Cofreth (incineration); north peripheral highway (with Bouygues company); Sytral operating contract (union of public transport in Lyon); insurance Urban Community; City international market of national interest at Mions-Corbas. Quinquennial review of concession contracts: letting water (Compagnie Generale des Eaux, French company of water); sanitation cleanliness display; heating (Prodith company); market-station (Cibévial company); negotiation of BIA school facilities and ZUP. Mounting the carry trade financial land transactions through the creation of a private-public society for land (the Semifal); Concessioning cemeteries.<ref name="D_xxii"/><ref name="Valode"/> |
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==== Other responsibilities ==== |
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Member of Board of High School "Lycée du Parc" in Lyons; association management "Halle Tony Garnier"; the Association of Festivals, the association's convention center, the association of business incubators.<ref name="D_xxii"/> |
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== Chairman Lyon-Auto Park (1989–1995) - His policy of Contemporary Art in public car parks == |
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Between 1989 and 1995, the city of Lyon began the construction of 8,000 parking spaces downtown, through the company Lyon-Parc-Auto, including Serge Guinchard was president at the same time.<ref>Archives of this society.</ref><ref name="G_154">[[#Gindre|Gindre & Verney-Carron (2010)]], p. 154.</ref><ref>Philippe Valode, ''Mayors of Lyon since September 1900 - History and stories''(Lyons editions of Art and History, April 2010)</ref><ref>[[#Coulon|Coulon (2010)]], pp. xxii–xxiii.</ref> Under his leadership, a true cultural policy was implemented to incorporate works of art in these car parks, to organize a museum and an original rating.<ref name="G_154"/> Georges Verney-Carron recounts the role of Serge Guinchard in this operation: ''the history of parks in Lyon has been an upheaval in 1990 following a challenge by Serge Guinchard. Everything in life begins with Yes. Yes the acceptance, openness, dynamics. Yes the command. And Serge Guinchard, we must pay tribute to him, said yes to contemporary. Do not forget that art would not exist without order, without public clients or private feel it necessary to give meaning by appealing to artists. What started it all, these are the first drawings of Jean-Michel Wilmotte for the Celestins Park. Serge Guinchard was stunned by their quality. It was the first time a car was referring to the context - in this case an italian theater. We have therefore relied on the creation, integrated designer, Yan Pennor's for the graphic identity and signage Lyon Parc Auto and contemporary artists associated with the design teams''.<ref name="G_154"/> In the same book, François Gindre said that ''"it was during a dinner that Georges Verney-Carron convinced Serge Guinchard, eminent jurist, exceptional brain, quite atypical, but which does was not really a culture in contemporary art, that artists alone are not sufficient to change the image of parks and they had to design not as warehouses, but as public spaces in its own right. Basically, the order after dinner was up multidisciplinary teams architects-artists-designers to create a new generation of parks "''.<ref>[[#Gindre|Gindre & Verney-Carron (2010)]], pp. 157–158.</ref> From the observation of Serge Guinchard during this dinner that almost all the proposed future parking were placed in front of a monument in Lyon (see the museum and the Saint-Pierre Hotel de Ville) or on a cultural site (see the place of Celestins) or history (see the old school health Lyon) and his request that we be creative and we're trying to leverage this fact arose the proposal of Mr. Georges Verney-Carron mount a triple operation art:<ref name="G_154"/> |
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* First, systematic integration of an original work of art, a contemporary artist, in every park and in association with the architect from the design of the book and it was agreed that all artists would be selected through competition, without any involvement of elected officials, which was strictly observed;<ref name="G_154"/> |
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* Second, the combination of Jean-Michel Vilmotte as "architect of light",{{#tag:ref|He is the architect of a wing of the Louvre and many other Achievements in France and abroad.|group=Note}} for all the parks, the architect selected (by competition) to construct the park;<ref name="G_154"/> |
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* Thirdly, was chosen for the sign, Mr. Yann's Pennor it is to him that we owe the yellow and black instead of the traditional red and white, both outside of parks for report, and inside to guide motorists and this color choice has since been copied by other manufacturers to car parks, both in and outside of Lyon, notably in Paris and was made after a survey of motorists Lyon has revealed that these two colors, which are also of Grand Prix Formula 1, mostly in the responses returned.<ref name="G_154"/> Six parks became the subject of this ambitious policy which was set design by Jean-Michel Wilmotte and signage Yan D. Pennor: Place de la République" (Republic Square) with an artist François Morellet (''The fortunes of the Republic'');{{#tag:ref|Morellet is a french artist of geometric abstraction, well known abroad, which has worked extensively with neon lights, particularly in Park "Place de la Republique" (Republic square) in Lyon; an exhibition (the 455th) was dedicated to him at the Centre Pompidou in Paris from March 2 to July 4, 2011, v. the newspapers ''Le Figaro'', 26–27 February 2011 and ''Le Monde'', March 7, 2011, page 18.|group=Note}} "Place des Terreaux" (Terreaux square), with the New York artist Matt Mullican (''Untitled'' );{{#tag:ref|Exhibition of pottery, each reproduced in duplicate, the history of the city of Lyon is engraved at the foot lifts from Level -7, Gallo-Roman to the ground floor, then the TGV (very great speed railway), the pedestrian entrance is through a room with a ceiling "French" located inside the Museum of Saint-Pierre.|group=Note}} "Place des Célestins" (Celestins square) with Daniel Buren (''Upside-Below'');{{#tag:ref|Magnificent parking snail, with views of a skylight as in a theater in the Italian and, at bottom, a mirror that reflects the car turns upside down; this view is possible from outside the car park by a periscope installed in the square that covers it.|group=Note}} the park said "Croix-Rousse (Red Cross)", with Michel Verjux (''One-level and sub ground''); the park in Berthelot avenue,{{#tag:ref|Near the former army medical school building, where Klaus Barbie tortured resistants and which now houses the Museum of the Resistance and Deportation.|group=Note}} with the young Israeli artist living in Lyon since 1982, Dror Endeweld (''unnamed'', countless units from January to December and from - 2 to 10;{{#tag:ref|The design recalls the figures used which, on the arms of prisoners in concentration camps, identified them indelibly.|group=Note}} the railway station "La Part-Dieu", with Joseph Kosuth (''The Adventures of Odysseus underground'').{{#tag:ref|Excerpts from poems or works of major French and foreign literature are scattered throughout the park, under the railway station.|group=Note}} The artistic policy initiated by Serge Guinchard was pursued by the presidents who succeeded him. She has earned the city to get a first international award in Vienna (Austria) in 1995.<ref name="G_154"/> |
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== Honors == |
== Honors == |
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Serge Guinchard has received the following honors for his studies and publications:<ref>[[#Coulon|Coulon (2010)]], pp. xiii–xiv.</ref> |
Serge Guinchard has received the following honors for his studies and publications:<ref>[[#Coulon|Coulon (2010)]], pp. xiii–xiv.</ref> |
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* ''[[Le Figaro]]'' Foundation bursary for academic excellence, 1966–67 |
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* Faculty of Law, University of Lyon, 1st prizes: |
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**1965: civil law |
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**1967: history of private law |
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**1968: civil law and international private law |
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**1970: doctoral dissertation |
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**1974: State law doctoral thesis |
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* National faculties of law contest: |
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**1966: 2nd prize, civil law |
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**1968: honorable mention, civil law |
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*For his doctoral dissertation, ''La publicité mensongère en droit français et en droit fédéral suisse: étude comparative de l'autonomie au civil et au pénal d'un délit économique'', 1971: |
*For his doctoral dissertation, ''La publicité mensongère en droit français et en droit fédéral suisse: étude comparative de l'autonomie au civil et au pénal d'un délit économique'', 1971: |
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**Award of the Legislative Academy |
**Award of the Legislative Academy |
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**1st prize, French Center for Comparative Law |
**1st prize, [[Paris Institute of Comparative Law|French Center for Comparative Law]]{{when|date=September 2016}} |
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**[[Ministry of National Education (France)|Ministry of Education]] award of funds for publication |
**[[Ministry of National Education (France)|Ministry of Education]] award of funds for publication |
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*For his state doctoral thesis in law, ''L’affectation des biens en droit privé français'', |
*For his state doctoral thesis in law, ''L’affectation des biens en droit privé français'',<ref>{{cite book|title=L'affectation des biens en droit privé français |
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|volume=145 |
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|work=Bibliothèque de droit privé (Library of private law) |
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|author=Serge Guinchard |
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|publisher=Librairie générale de droit et de jurisprudence |
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|year=1976 |
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}} |
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</ref> |
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**1st prize, Superior Council of [[Civil law notary|Notaries at Law]] in France |
**1st prize, Superior Council of [[Civil law notary|Notaries at Law]] in France |
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**1st prize, National Association of Doctors of Law |
**1st prize, National Association of Doctors of Law |
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* Henri Texier |
* Henri Texier Prize for the defense of individual liberty, [[Académie des Sciences Morales et Politiques|Academy of Moral and Political Sciences]], 2000, for ''Procédure pénale'', co-authored with Jacques Buisson. |
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In addition he has received the following awards: |
In addition he has received the following awards: |
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Serge Guinchard has edited or headed the editorial boards of the following publications: |
Serge Guinchard has edited or headed the editorial boards of the following publications: |
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* ''Encyclopédie Dalloz de procédure civile'', Dalloz |
* ''Encyclopédie Dalloz de procédure civile'',<ref>{{cite web|url=http://www.editions-dalloz.fr/encyclopedie/repertoire-de-procedure-civile.html|title=Répertoire de procédure civile |publisher=Éditions Dalloz}}</ref> since 1992 |
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* ''Lexique de termes juridiques'', Dalloz |
* ''Lexique de termes juridiques'',<ref>{{cite web|url=http://www.editions-dalloz.fr/lexique-des-termes-juridiques-2016-2017.html|title=Lexique des termes juridiques 2016-2017|edition=24th|publisher=Éditions Dalloz}}</ref> since 1987 (co-director; published annually, 21st ed. 2013) |
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* ''Droit et pratique de la procédure civile'' |
* ''Droit et pratique de la procédure civile''<ref>{{cite web|url=http://www.editions-dalloz.fr/droit-et-pratique-de-la-procedure-civile-2014-2015.html|title= |
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Droit et pratique de la procédure civile 2014/2015: Droits interne et de l'Union européenne Dalloz |edition=8th |trans-title=Law and practice of civil procedure |author=Serge Guinchard}}</ref> |
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* ''Droit et pratique des voies d'exécution'', Dalloz (co-director; 7th ed. 2011) |
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* ''Droit et pratique des voies d'exécution''<ref>{{cite book|url=http://www.lgdj.fr/droit-et-pratique-des-voies-d-execution-2015-2016-9782247132386.html| title=Droit et pratique des voies d'exécution 2015-2016 |editor1=Serge Guichard |editor2=Tony Moussa|work=Dalloz Action |via=Librairie LGDJ|edition=8th|publisher=Dalloz|isbn=978-2-247-13238-6}}</ref> |
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* [[Delict]] - general discussion of this term in [[civil law (legal system)|civil law]] jurisdictions. |
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* General oral entrance examination for regional lawyer training centers: ''Préparation au grand oral'', Lextenso / Gazette du Palais, published annually |
* General oral entrance examination for regional lawyer training centers: ''Préparation au grand oral'', Lextenso / Gazette du Palais, published annually |
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* "Hypercours" book series, Dalloz, co-director since 1999. For the subseries "Droit privé", 18 volumes. |
* "Hypercours" book series, Dalloz, co-director since 1999. For the subseries "Droit privé", 18 volumes. |
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* Co-editor of ''Revue générale des procédures'' (1998–99)<ref name="D_xix"/> |
* Co-editor of ''Revue générale des procédures'' (1998–99)<ref name="D_xix"/> |
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=== |
===Theses=== |
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* ''La publicité mensongère en droit français et en droit fédéral suisse: étude comparative de l'autonomie au civil et au pénal d'un délit économique''. Dissertation, 1970. Bibliothèque de sciences criminelles 13. Paris: Librairie générale de droit et de jurisprudence, 1971. {{OCLC|802895013}} |
* ''La publicité mensongère en droit français et en droit fédéral suisse: étude comparative de l'autonomie au civil et au pénal d'un délit économique''. Dissertation, 1970. Bibliothèque de sciences criminelles 13. Paris: Librairie générale de droit et de jurisprudence, 1971. {{OCLC|802895013}} |
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* ''L’affectation des biens en droit privé français''. Dissertation, 1974 (as ''Essai d'une théorie générale de l'affectation des biens en droit privé français''). Bibliothèque de droit privé 145. Paris: Librairie générale de droit et de jurisprudence 1976. ISBN |
* ''L’affectation des biens en droit privé français''. Dissertation, 1974 (as ''Essai d'une théorie générale de l'affectation des biens en droit privé français''). Bibliothèque de droit privé 145. Paris: Librairie générale de droit et de jurisprudence 1976. {{ISBN|9782275013985}} |
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=== Books === |
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The following books of which Guinchard is co-author, lead author, author or editor have been published in several updated editions and in some cases translated into other languages. |
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Guinchard is co-author, lead author, author or editor of the following books, which have been published in several updated editions and in some cases translated into other languages. |
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* ''Procédure civile''. Précis. Paris: Dalloz. Published biennially in alternation with Hypercours. 30th ed. 2010. ISBN 9782247050208. 25th ed. translated into Chinese, ISBN 9787800837661. (with Jean Vincent, beginning with 20th ed., 1981) |
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* ''Procédure civile''. |
* ''Procédure civile''. Précis. Paris: Dalloz. Published biennially in alternation with Hypercours. 30th ed. 2010. {{ISBN|9782247050208}}. 25th ed. translated into Chinese, {{ISBN|9787800837661}}. (with Jean Vincent, beginning with 20th ed., 1981) |
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* ''Procédure civile''. Hypercours Dalloz. Published biennially in alternation with Précis. Paris: Dalloz 2009, 2nd ed. 2011. {{ISBN|9782247079551}} (with Cecile Chainais and Frédérique Ferrand) |
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* ''Institutions judiciaires: organisation, juridictions, gens de justice''. Précis Dalloz. Paris: Dalloz. From 9th ed. retitled ''Institutions juridictionnelles''. 11th ed. 2011. ISBN 9782247110117. 5th ed. translated into Chinese. (with Jean Vincent and others) |
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* ''Institutions judiciaires: organisation, juridictions, gens de justice''. Précis Dalloz. Paris: Dalloz. From 9th ed. retitled ''Institutions juridictionnelles''. 11th ed. 2011. {{ISBN|9782247110117}}. 5th ed. translated into Chinese. (with Jean Vincent and others) |
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* ''Droit et pratique de la procédure civile: droits interne et de l'Union européenne''. Dalloz action. Paris: Dalloz. 7th ed. 2012. ISBN 9782247103966 (editor) |
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* ''Droit et pratique |
* ''Droit et pratique de la procédure civile: droits interne et de l'Union européenne''. Dalloz action. Paris: Dalloz. 7th ed. 2012. {{ISBN|9782247103966}} (editor) |
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* '' |
* ''Droit et pratique des voies d'exécution''. Dalloz action. Paris: Dalloz. 7th ed. 2012. {{ISBN|9782247129348}} (editor with Tony Moussa) |
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* '' |
* ''Procédure pénale''. Manuel. Paris: Litec / LexisNexis. Published annually. 8th ed. 2012. {{ISBN|9782711016204}} (with Jacques Buisson). |
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* '' |
* ''Droit processuel: Droits fondamentaux du procès''. Précis. Paris: Dalloz. 7th ed. 2013. {{ISBN|9782247124817}} (with Cécile Chainais and others) |
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* '' |
* ''Lexique des termes juridiques''. Paris: Dalloz. Published annually. 20th ed. 2012. {{ISBN|9782247116935}}. Translated into Spanish, Japanese and Portuguese. (with Thierry Debard and others). |
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* '' |
* ''Comment devenir avocat''. Carrières judiciaires. Paris: Lextenso / Gazette du Palais. Published annually. 10th ed. 2013. {{ISBN|978-2359710601}} |
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* ''Préparation au grand oral de l'examen d'entrée dans un Centre de formation d'avocats''. Carrières judiciaires. Paris: Lextenso / Gazette du Palais. Published annually. 8th ed. 2013. {{ISBN|978-2359710595}} |
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==Footnotes== |
==Footnotes== |
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{{refend}} |
{{refend}} |
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{{Authority control}} |
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{{Persondata |
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| NAME = Guinchard, Serge |
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| ALTERNATIVE NAMES = |
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| SHORT DESCRIPTION = French jurist, academic, administrator |
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| DATE OF BIRTH = May 9, 1946 |
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| PLACE OF BIRTH = Lyon, France |
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| DATE OF DEATH = |
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| PLACE OF DEATH = |
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}} |
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{{DEFAULTSORT:Guinchard, Serge}} |
{{DEFAULTSORT:Guinchard, Serge}} |
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[[Category: |
[[Category:21st-century French jurists]] |
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[[Category:French jurists]] |
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[[Category:1946 births]] |
[[Category:1946 births]] |
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[[Category:Living people]] |
[[Category:Living people]] |
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[[Category: |
[[Category:Knights of the Legion of Honour]] |
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Latest revision as of 02:44, 26 July 2024
Serge Guinchard (born May 9, 1946) is a French jurist who formerly taught at the Law School of Dakar and Jean Moulin University Lyon 3 and most recently at Panthéon-Assas University, where he is now Professor emeritus. He has also held political posts in the metropolitan government of Lyon.
Education
[edit]Guinchard was born in the 4th arrondissement of Lyon and was educated in Caluire-et-Cuire and the northern suburbs of Lyon. After completing his secondary education in Lyon,[1]: xi–xiii he studied at the Faculty of Law of Lyon. He obtained his J.D. in 1974 and the Agrégation in law the year afterward.
Academic career
[edit]From November 1969 to September 1974 Guinchard was an Assistant in the Faculty of Law at the University of Lyon 2, then at Jean Moulin University Lyon 3 after its creation. He then became a lecturer at Lyon 3 until December 1975.[2] From January 1976 to September 1980, he was a professor in the Faculty of Law at Dakar University, heading the Private Law Section from October 1978.[3] He then returned to the University Jean Moulin Lyon III, serving as director of the insurance section then of the Institute of Judicial Studies ; he was Dean of the Faculty from May 1982 to September 1988. In 1988 he moved to Panthéon-Assas University (Paris 2), where he was director of the Institute of Judicial Studies for ten years, from 1990 to 2000.[4] In 2001–02, he headed the Center for Research into Justice and Alternative Modes of Conflict Resolution,[3] then from October 2001 to July 2003, he was director of the Center for Permanent Training.[5]
He also served outside the university in several capacities: in 1988–89 and 1993–94, as head of the specialist commission on the legal disciplines for the French University of the Pacific; from 1992 to 1999 as a member of the Commission on Education for the National Council of Bar Associations;[6] from 1991 to 1993 as director of the Bar Association training school for the Paris Court of Appeal;[6][7] from 1996 to 2000 as a member of the administrative board of the National School for the Judiciary; and from 2000 to 2003 as director of legal studies at the École Normale Supérieure.[3] He also served on the jury for the national agrégation in private law and forensic science: in 1984, 1988–89, and 2000–01,[8] and from January 1992 to December 1995 was president of the National Council of Universities of which he was a member from 1987 to 1995 and again in 2000.[9]
From 2003 his career became focused on administration when he became rector of the Academy of Guadeloupe, then in 2005 took up the same position at Rennes, which he held for a year.[10]
In June 2007 he became Professor Emeritus at Panthéon-Assas University,[Note 1] and in May 2010 a Festschrift was published in his honour.[11]
Legal reports
[edit]Guinchard has produced numerous reports at the request of international organizations and of the French and Senegalese Ministries of Justice (France and Senegal), many of which led to legislation:
French Ministry of Justice
[edit]- Chairman of the Commission named for him[12] established on January 18, 2008, by Minister of Justice Rachida Dati,[13] concerning the distribution of first instance civil litigation and possible civil diversions (including the issue of transferral to notaries of divorce by mutual consent) and criminal diversions. Report submitted June 30, 2008.[14] The report contains 65 proposals for reform; as of 22 December 2010[update], 26 had been enacted into law.
- Chairman of the Commission established on November 28, 2002, by Minister of Justice Dominique Perben on the quality of civil justice.[15] Specifically, implementation of a working group on training local judges and lay judges. Reports submitted in January and March 2003.[6][16] Commission's work behind the decree No. 2004-836 of 20 August 2004 on the reform of civil procedure.
- Chairman of a working group established by Minister of Justice Jacques Toubon on foreclosure reform of foreclosure, July 1996–June 1997.[6][15] Bill introduced in November 2005, became Ordinance No. 2001-461 of 21 April 2006.
Senegalese Ministry of Justice
[edit]- Co-author of draft law on commercial companies and draft code, which became the fourth part of the Code of Obligations after its adoption by the Senegalese National Assembly.[17][18]
Council of Europe
[edit]- Expert assessment of judicial system and criminal procedure in Armenia with respect to its becoming a member of the Council of Europe and the European Convention for the Protection of Human Rights and Fundamental Freedoms; expert mission to Yerevan, September 1996; summary report submitted in 1997.[19][20]
NATO
[edit]- Summary report in October 1974 on research concerning consumer protection under French and Canadian law, funded by a research grant (Laval University, July 1973; University of Montreal, September 1974).[6]
Research and doctrinal positions
[edit]Comparative law
[edit]Recognizing the importance of studies in comparative law for training lawyers, Guinchard pursued such studies beginning with his second doctorate, for which his dissertation compared French and Swiss law. He studied the university system in Quebec in 1971[21] and in 1973–74 returned for a study of consumer protection under a NATO grant.[21] As dean of the Faculty of Law at Lyon (1982–88), one of his concerns was the development of exchanges with other European and with American universities including Boston University, the University of North Carolina, Chapel Hill, Georgetown University, the University of Minnesota, Minneapolis, and Saint Louis University, Missouri.[22][23] He instituted seminars in foreign law conducted by visiting professors from countries including Germany, Belgium, Canada, and Israel. When in 1995 he founded the law review Justice, published by Dalloz, he included a section on judicial systems in other countries,[24] and also included such coverage in the journal Droit et procédures, where he headed the scientific committee, then the peer.[25]
Human rights
[edit]From the beginning of his doctoral studies in 1969, Serge Guinchard became interested in fields other than trial law, such as consumer protection and civil law. Some of his writings are outspoken, even caustic[26][27] and cover responsibility for miscarriages of justice,[28] and his books include proposals for reform.[29] Some of these have led to changes in the law,[Note 2] while others have not.[Note 3] He has harshly criticized the function of the Court of Cassation, the French supreme court,[30] and contributed to the debate on judges' being Freemasons,[31] regularly updated his contribution to the Dalloz Encyclopedia of Civil Procedure concerning the liabilities incurred due to miscarriages of public justice, and has studied judicial actions that may constitute a threat to human rights.[32] and written on the removal of judges.[33] In his writings he focuses on the assurance of rights as it emerges from the jurisprudence of the European Court of Human Rights or, more recently, that of the Constitutional Council on priority issues of constitutionality, particularly in the areas of criminal procedure and jurisprudence.[34]
Consumer protection
[edit]In 1970, Serge Guinchard proposed a series of consumer protection reforms, including the ability to give consumers the benefit of legal actions traditionally reserved for economic agents in competition law to stop illegal practices,[35][36] the right to pursue collective action in defense of their combined affected interests,[37]
The latter proposal made him a recognized expert in the French class action. He was also interested in issues of misleading advertising,[38] the right of legal action for consumer associations. [39] Abroad, Article 138a, § 2 of the Belgian judicial code (in the wording of the Act of December 3, 2006) follows this reflection.[40]
Civil law and Muslim law
[edit]Guinchard wrote half of the definitions of y legal terms in the 1970 first edition of Civil Law Glossary in 1970,[41][42] which he co-directs[43] and has devoted his doctoral thesis in law (defended in June 1974)The allocation of property in French private law: testing a general theory.
His work on Heritage Trust have inspired the legislature to adopt the Trust into French law Article 2011,[44][45] in which heritage institutions, separate from the personal assets of the Trustee or the individual entrepreneur, are assigned to a specific purpose in the deed of trust or in the founding of the proprietorship,
In Senegal, where he was seconded as a professor at the Faculty of Law of Dakar from January 1976 to September 1980, Guinchard contributed, to disseminate knowledge of Senegalese family law, including the Islamic law of estates), and, to reform the company law of this State. He published the first book addressing the legal status of Muslim in this country estates.[46]
Justice and legal proceedings
[edit]On this field, author Bertrand Lissarague called him a "lord of the proceedings" in the liber amicorum offered in May 2007.[47][48]
Political activities
[edit]Guinchard was Deputy Mayor of Lyon for two terms, from 1983 to 1995,[49] and Vice-President of the Urban Community of Lyon from 1989 to 1995.[50]
Honors
[edit]Serge Guinchard has received the following honors for his studies and publications:[51]
- For his doctoral dissertation, La publicité mensongère en droit français et en droit fédéral suisse: étude comparative de l'autonomie au civil et au pénal d'un délit économique, 1971:
- Award of the Legislative Academy
- 1st prize, French Center for Comparative Law[when?]
- Ministry of Education award of funds for publication
- For his state doctoral thesis in law, L’affectation des biens en droit privé français,[52]
- 1st prize, Superior Council of Notaries at Law in France
- 1st prize, National Association of Doctors of Law
- Henri Texier Prize for the defense of individual liberty, Academy of Moral and Political Sciences, 2000, for Procédure pénale, co-authored with Jacques Buisson.
In addition he has received the following awards:
- Medal of Honor of the Paris Bar, September 1993[10][53]
- Medal of Honor of the National Chamber of Lawyers of the Appeals Courts, June 2004[6][54]
- Medal of Honor of the Prefecture of Guadeloupe, September 2005[10][55]
- 2008 Prize of the Association of European Mediators[56][Note 4]
Decorations
[edit]- Knight of the Legion of Honor, 2005, bestowed by François Fillon, Minister of Education
- Officer of the National Order of Merit, bestowed 2008[10]
- Commander of the Ordre des Palmes académiques (knight, 1987; officer, 2001; commander, 2003
Publications
[edit]Editor
[edit]Serge Guinchard has edited or headed the editorial boards of the following publications:
- Encyclopédie Dalloz de procédure civile,[57] since 1992
- Lexique de termes juridiques,[58] since 1987 (co-director; published annually, 21st ed. 2013)
- Droit et pratique de la procédure civile[59]
- Droit et pratique des voies d'exécution[60]
- Delict - general discussion of this term in civil law jurisdictions.
- General oral entrance examination for regional lawyer training centers: Préparation au grand oral, Lextenso / Gazette du Palais, published annually
- "Hypercours" book series, Dalloz, co-director since 1999. For the subseries "Droit privé", 18 volumes.
- Comment devenir avocat? sub-series within Carrières judiciaires book series, Lextenso / Gazette du Palais, since 1994
- Chairman of reading committee and board of the journal Droit et procédures, Revue des huissiers de justice
- Co-editor of the review Justices (1995–98); then editor of Justice (2000–01
- Co-editor of Revue générale des procédures (1998–99)[6]
Theses
[edit]- La publicité mensongère en droit français et en droit fédéral suisse: étude comparative de l'autonomie au civil et au pénal d'un délit économique. Dissertation, 1970. Bibliothèque de sciences criminelles 13. Paris: Librairie générale de droit et de jurisprudence, 1971. OCLC 802895013
- L’affectation des biens en droit privé français. Dissertation, 1974 (as Essai d'une théorie générale de l'affectation des biens en droit privé français). Bibliothèque de droit privé 145. Paris: Librairie générale de droit et de jurisprudence 1976. ISBN 9782275013985
Books
[edit]Guinchard is co-author, lead author, author or editor of the following books, which have been published in several updated editions and in some cases translated into other languages.
- Procédure civile. Précis. Paris: Dalloz. Published biennially in alternation with Hypercours. 30th ed. 2010. ISBN 9782247050208. 25th ed. translated into Chinese, ISBN 9787800837661. (with Jean Vincent, beginning with 20th ed., 1981)
- Procédure civile. Hypercours Dalloz. Published biennially in alternation with Précis. Paris: Dalloz 2009, 2nd ed. 2011. ISBN 9782247079551 (with Cecile Chainais and Frédérique Ferrand)
- Institutions judiciaires: organisation, juridictions, gens de justice. Précis Dalloz. Paris: Dalloz. From 9th ed. retitled Institutions juridictionnelles. 11th ed. 2011. ISBN 9782247110117. 5th ed. translated into Chinese. (with Jean Vincent and others)
- Droit et pratique de la procédure civile: droits interne et de l'Union européenne. Dalloz action. Paris: Dalloz. 7th ed. 2012. ISBN 9782247103966 (editor)
- Droit et pratique des voies d'exécution. Dalloz action. Paris: Dalloz. 7th ed. 2012. ISBN 9782247129348 (editor with Tony Moussa)
- Procédure pénale. Manuel. Paris: Litec / LexisNexis. Published annually. 8th ed. 2012. ISBN 9782711016204 (with Jacques Buisson).
- Droit processuel: Droits fondamentaux du procès. Précis. Paris: Dalloz. 7th ed. 2013. ISBN 9782247124817 (with Cécile Chainais and others)
- Lexique des termes juridiques. Paris: Dalloz. Published annually. 20th ed. 2012. ISBN 9782247116935. Translated into Spanish, Japanese and Portuguese. (with Thierry Debard and others).
- Comment devenir avocat. Carrières judiciaires. Paris: Lextenso / Gazette du Palais. Published annually. 10th ed. 2013. ISBN 978-2359710601
- Préparation au grand oral de l'examen d'entrée dans un Centre de formation d'avocats. Carrières judiciaires. Paris: Lextenso / Gazette du Palais. Published annually. 8th ed. 2013. ISBN 978-2359710595
Footnotes
[edit]- ^ Emeritat granted by vote of the board of Panthéon-Assas University, June 17, 2007.[1]
- ^ Thus the time limit for the exercise of certain judicial functions (Act of June 25, 2001), a non-exclusive focus on recruiting student competitions (Act of June 25, 2001, which perpetuates the contest called complementary and law of 5 March 2007 that passes the "turn out" a third of the other recruits instead of fifth) and more focused on the verification of proper legal knowledge and personal qualities of candidates (from 2009, introduction of written tests of civil and criminal proceedings in recruitment competitions) the prohibition against concurrent judicial functions with belonging to an arbitration paid by the parties of the implementation of disciplinary responsibility of judges direct appeal to the Supreme Judicial Council on the initiative of individuals (see Organic Law No. 2010-830 of 22 July 2010 incorporated into the statutory order of December 22, 1958).
- ^ See his proposal to ban judges from receiving any decoration of the Executive by reason of their professional activity on behalf of separation of powers and like the parliamentarians and ministers, which was never resumed, the judges may still receive decorations.
- ^ The Association presented the same award in 2010 to Yves Repiquet, president of the National Consultative Commission on Human Rights and in 2011 to Christine Lagarde, Minister of Finance.
Notes
[edit]- ^ a b Coulon, Jean-Marie, ed. (2010). Justices et droit du procès: du légalisme procédural à l'humanisme processuel. Mélanges en l'honneur de Serge Guinchard (in French). Paris: Dalloz. ISBN 978-2-247-08525-5.
- ^ Coulon (2010), p. xii.
- ^ a b c Coulon (2010), p. xvii.
- ^ Institutions juridictionnelles, ed. Serge Guinchard, Gabriel Montagnier, André Varinard, et al., 10th ed., Paris: Dalloz, 2009, ISBN 978-2-247-08450-0, p. 798.
- ^ For a full account of his academic career, see Coulon (2010), pp. xii–xxviii.
- ^ a b c d e f g Coulon (2010), p. xix.
- ^ Archives of the Paris Bar, 11 Place Dauphine, 75001 Paris and the Training School of the bars the jurisdiction of the Court of Appeal of Paris, 63 rue de Charenton, 75012 Paris
- ^ Coulon (2010), pp. xvii–xviii.
- ^ Coulon (2010), p. xviii.
- ^ a b c d Coulon (2010), p. xiv.
- ^ Coulon (2010)
- ^ Letter of mission from the Minister of Justice, December 20, 2007, published in the committee's report, L’ambition raisonnée d’une justice apaisée, Documentation française, Official reports, August 2008, ISBN 978-2-11-007277-1.
- ^ Speech on the site of the Department of Justice.
- ^ L’ambition raisonnée d’une justice apaisée
- ^ a b Records of the Department of Justice.
- ^ Archives of the Ministry of Justice, 13, place Vendôme, 75001 Paris.
- ^ Coulon (2010), pp. xviii–xix.
- ^ Archives of the Presidency and of the Ministry of Justice of the Republic of Senegal.
- ^ Coulon (2010), p. xx.
- ^ Archive of the Council of Europe, Strasbourg
- ^ a b Dalloz, p. xxv.
- ^ Coulon (2010), p. xvi.
- ^ Archives of the Faculty of Law, University Jean Moulin-Lyon III.
- ^ Coulon (2010), p. xxxi.
- ^ Coulon (2010), p. xxxii.
- ^ Do not touch my code! in Mélanges (liber amicorum) Jean Buffet, The procedure in all statements, Petites affiches/LGDJ editor, p. 269.
- ^ Imaginary dialogue between a litigant and a lawyer desperate means by the case Kress v/France,Recueil Dalloz (French law review) 2003, chron. p. 152
- ^ The liability of officers of justice, summary report to the XXII Conference of Institut of studies judiciaries, Nantes November 9, 1996, Justice (French law review) 1997/5, p. 109, Dalloz ed. "Judicial Accountability",in The judges of irresponsibility to responsibility?Proceedings of the Conference of the Institute of Criminal Science and Criminology from Aix-en-Provence, 5 - May 6, 2000, Aix-Marseille University Press, December 2000, p. 115. From the irresponsibility of the judge: for how long? in Mélanges (liber amicorum) Jean Pradel, Cujas ed., 2006. The responsibility of judges, Gazette du Palais (French law review) 2006, p. 834, publication of the intervention of the author before the national Commission on miscarriages of justice in the case of Outreau, Paris, National Assembly, April 4, 2006. Hearing is available on the website of the National Assembly. Institutions judiciaires, Dalloz, 10th ed., 2009, sections 238–39.
- ^ Thus in Institutions judiciaires, sections 123 to 129 are devoted to proposals for reform of the judiciary and the status of judges
- ^ In his article in Mélanges (liber amicorum) in honor of Professor François Terré, Dalloz/Technical Publishing/PUF, 1999 761, "The law is there still a future for the Supreme Court?"
- ^ Can one be Jewish or Buddhist or Christian or a freethinker or a Freemason and Judge. Answer a question impertinent wrongly put on the independence and impartiality of judges belonging to the Freemasons,in Mélanges (liber amicorum) Pierre Julien, The Civil Justice in the XXIst century,Edilex ed., p. 203 and s.
- ^ Threats to Justice for human rights and fundamental procedural rights, in Mélanges (liber amicorum) Jacques Normand, editor Litec, 2003, pages 209 and Justice, consumer good, Mélanges (liber amicorum) Jean Calais Auloy, publisher Dalloz, 2003, pages 461
- ^ Requiem for the funeral joyous announced the judge, in Bi-centenary of the Criminal Code and Criminal Procedure Code, a publication of Panthéon-Assas University Editions Dalloz, 2010.
- ^ Manual of Criminal Procedure, co-authored with Jacques Buisson, editions LexisNexis/Litec, he has written including the entire section devoted to procedural guidelines, i.e. guarantees of fair trial. Procedure law / human rights trial, Dalloz ed., 6th edition, Jan. 2011.
- ^ Guinchard, Serge (1971). "False advertising under French and Swiss federal law - Comparative study of autonomy in civil and criminal law, of economic crime". In Albert Chavanne (ed.). Criminal Sciences. Vol. 13. Criminal Sciences.
- ^ Proposal become positive law in Articles L. 421-6 and 7 of the french Consumer Code, in drafting legislation n° 88-14 of 5 January 1988, n° 93-949 of July 26, 1993 and Ordinance n° 2001-741, August 23, 2001.
- ^ Action Group, Rev. Inter. dr. comp. (French law review) 1990, vol. 3, p. 599. The Class action, concluding remarks at the symposium organized by the Society of Comparative Legislation and the Chamber of Commerce and Industry of Paris, January 27, 2006, collection Symposiums, Vol. 5, the Society of Comparative Legislation editor, p. 135. Between universalism and national identity of law: the idea and the process of introducing a class action in French law, inMélanges (liber amicorum) Hélène Gaudemet-Tallon, Dalloz ed., 2008. The class action in French law, paper presented at the Law Faculty of Louvain, Center for Interuniversity judicial law private, editions "La Charte", Belgium, November 2008.
- ^ The case Bartissol, false advertising and defamation, said ss. Court of appeal of Paris, May 17, 1970: D. 1972, 78). The case Citroen, false advertising, note ss. Court of appeal of Lyon, 14 March 1974 and criminal jurisdiction of Lyon, December 3, 1973: "Annales" (French law review) of the law Faculty of Lyons, 1974, 197. The case of Tang or war producers: advertising is not what it was, JCP (French law review) 1979, ed. C.I., Doct., 13 104. Commercial advertising and consumer protection, in Right of consumers, Story scientific ed., consumer Law Series, 1987, p. 115. Twenty years later: the evolution of sanctions for false advertising, in Mélanges (liber amicorum) Albert Chavanne, Litec ed., 1990, p. 11.
- ^ The role and participation of associations in the lawsuit in civil matters, Rev. Inter. dr. comp. (French law review), 1988, special Series, Vol. 10, p. 13. Associations and Civil Justice, paper presented at the 7th day René Savatier, "The Association", Poitiers, 8 and 9 June 2001, Publications of the Faculty of Law of Poitiers, t. 42, PUF, p. 147. The moral in the courtroom, or how some associations are willing to defend in court a moral order, published in Japanese (translation by Ichiro Kitamura) a lecture at the "Maison Franco-Japanese" Tokyo, December 16, 1996, in Nichifutsu Hogaku, review of the Franco-Japanese legal science, 1999–1922.
- ^ V. F. Keffer and D. Brother, "Is there a class action embryo in employment law? " in Toward a class action under Belgian law, conference at Louvain-la-Neuve, December 7, 2007, Editions La Charte (The Charter), Brussels, 2008, p.61, spec. note 26 p. 68, where the authors state that this law is to Serge Guinchard
- ^ V. in 1971, his article "The concept of acquisitions in the legal system: unity or duality?",Annals of Law Faculty of Lyon, 1971-I, p. 151. His thesis civil law (1974) in the list of works not reprinted, quoted in the text.
- ^ Indication that heads of the book in question.
- ^ Dalloz ed., now annual edition, 19th edition in June 2011.
- ^ French civil code, ed. of Act n° 2007-211, February 19, 2007 and Ordinance n° 2009-112, January 30, 2009.
- ^ EIRL, Law n° 2010-658, June 15, 2010, in French commercial code, art. L. 526-6 to L. 526-21.
- ^ Family property law in Senegal (marriage, inheritance and gifts in Muslim law and civil law), published Nouvelles editions to the African and LGDJ editors, collection "Law Library African and Malagasy", Volume 32, Paris, Dakar and Abidjan, in December 1979 and January 1980, 669 pages.
- ^ Coulon (2010), p. 5.
- ^ Apparent in the list of publications for over thirty years (1981), reproduced in the works, following in the text and a complete list of all articles, studies, or other contributions that the works themselves, reproduced in Coulon (2010), pp. xxvii, liv.
- ^ Archives of Lyon, in particular municipal ballots for the period under review, the prefecture of the Rhone and the Ministry of Interior.
- ^ Archive Urban Community of Lyon, in particular Gazettes for the period under review, the prefecture of the Rhone and the Ministry of Interior.
- ^ Coulon (2010), pp. xiii–xiv.
- ^ Serge Guinchard (1976). L'affectation des biens en droit privé français. Vol. 145. Librairie générale de droit et de jurisprudence.
{{cite book}}:|work=ignored (help) - ^ Archives of the Paris Bar.
- ^ Archive of the National Chamber of solicitors.
- ^ Archives of the Guadeloupe academy and prefecture of Guadeloupe.
- ^ Archives of the Paris Bar and Annonces de la Seine, December 2008.
- ^ "Répertoire de procédure civile". Éditions Dalloz.
- ^ "Lexique des termes juridiques 2016-2017" (24th ed.). Éditions Dalloz.
- ^ Serge Guinchard. "Droit et pratique de la procédure civile 2014/2015: Droits interne et de l'Union européenne Dalloz" [Law and practice of civil procedure] (8th ed.).
- ^ Serge Guichard; Tony Moussa (eds.). Droit et pratique des voies d'exécution 2015-2016 (8th ed.). Dalloz. ISBN 978-2-247-13238-6 – via Librairie LGDJ.
{{cite book}}:|work=ignored (help)
References
[edit]- Coulon, Jean-Marie, ed. (2010). Justices et droit du procès: du légalisme procédural à l'humanisme processuel. Mélanges en l'honneur de Serge Guinchard. Dalloz. ISBN 978-2-247-08525-5.
- Gindre, François; Verney-Carron, Georges (2010). Ceci n'est pas un parc: Art, Architecture, design. Lyon: Editions Wording. ISBN 978-2-917659-08-3.
- Valode, Philippe (2010). Mayors of Lyon since September 1900 - History and Stories. Lyons editions of Art and History.
