Paper's abstract

Sophie Schiller, The Extension of the Role Played by Case Law in Business Law
In business law, judges exercise in a significant way their three missions: to clarify and complete the law, to eliminate contradictions and to adapt the law to the facts. Faced with technical and specialized business law, case law has the advantage of being able to adapt solutions to the specificities of each situation and to be created by judges often chosen for their technical skills. Case law is also adapted to these subjects that are constantly evolving by small successive steps. Besides the characteristics of these subjects, the success of case law in business law is also explained by the refusal of the written rules. This refusal is the consequence of two movements which dominate the evolution of business law today: contractualisation and Europeanization.

Key Words : Business law, teechnicality, case law
t. 50, 2007 : p. 213-228

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