Nouveau refus de qualifier de loi de police une disposition française - RDE nº 07-196
Auteur | Legal News |
L'arrêt rendu par la première chambre civile de la cour de cassation, le 23 janvier 2007 apporte une nouvelle illustration de ce que la qualification de loi de police dans l'ordre international est réservée à des hypothèses limitées. En l'espèce, était en cause l'article 12 de la loi du 31 décembre 1975 sur la sous-traitance. La Cour de cassation approuve les juges du fond, rejetant ainsi le pourvoi, de ne pas avoir considéré cette disposition relative à l'action directe en paiement comme une loi de police. Elle admet implicitement que le juge du fond a suffisamment motivé sa décision en relevant que, bien que d'ordre public interne, la disposition ne concoure pas directement à l'organisation économique et sociale du pays et, donc, ne peut...
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