Paper's abstract

Claude Brenner, About the Creative Role of Case Law in Inheritance Law
Law of succession in a privileged viewpoint on the part played by case law in making law and maybe also on a fundamental evolution in the understanding the French Cour de cassation has of its function. In law of succession, judges have very early played a forefront creation role, but, generally speaking, scrupulously respecting their constitutional subordination to law. Therefore, the court work on this subject has become a model of the classical type. However, recent decisions, with significant implications, reveal in this respect a drastic change in attitude that could be explained by a deliberate attempt of judicial emancipation.

Key Words : Caselaw, Succession, cassation, emancipation
t. 50, 2007 : p. 149-162