Tuzet Giovanni, Norms and Novelty: Reflections on Legal Knowledge, Norms and Evolutionary Systems

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Opublikowano: AFP 2021/2/108-122
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Norms and Novelty: Reflections on Legal Knowledge, Norms and Evolutionary Systems

1.Introduction: two exotic questions

Consider this question: did the French tribunal of peace have jurisdiction over a guar-antee claim for a shipment of goods from France to Morocco in 1925? If you have no idea about that, you are not alone. I had no idea either. Let me add some information and reframe the question as a comparative one: Was there a difference in that respect between Morocco and Algeria? Was a shipment of goods from France to Algeria under the same regime as a shipment from France to Morocco? I didn’t know before I randomly opened an old issue of a legal journal and read about a judicial decision on that. There you find that on 4 March 1925 the Civil Tribunal of the Seine established that, based on Articles 5–6 of the French law of 12 July 1905, the jurisdiction of the tribunal of peace was limited to shipments of the continental service, to Corsica, Algeria and Tunisia, and for the rest the administrative courts were competent.

I have no idea yet of why shipments to Morocco were under a different regime...

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