Lois de police. Gael CHADLI Simon JAGU. DEFINITION. According to Roma and Hague conventions : Law of immediate applicability are rules whose application is necessary for the safeguard of political, social and economical organisation of the state. (Phocion Francescakis)
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Law of immediate applicability are rules whose application is necessary for the safeguard of political, social and economical organisation of the state. (Phocion Francescakis)
Laws of immediate applicability exist also abroad.
Do we must take them into account in France ?
As soon as the French court has accepted to establish its competencies, it can’t refuse to apply the law of foreign immediate applicability under the pretext that it would serve the interests of the foreign state.
But going further do we must apply in all cases the foreign law of immediate applicability even though the normal bilateral conflict rule doesn’t specify it ?.
The judge has a neutral position in relation to the law to be applied
One should differentiate the case of a false conflict and the case of a true conflict
It exists a true conflict if the choice for one law is detrimental for the other system
An employee of a company which is located in a country A, working on another country B where he is domiciled.
The legislator of the country A prohibits every kinds of joining a Trade Union whereas the country B forbids any employer to dismiss its employees under the reason that they belong to a Trade Union
Which choice has to be applied between the two laws of immediate applicability ?
To conclude, the contracting parties should choose together by a mutual agreement the law which will be applied for their contract before signing it.
They must identify the eventual laws of immediate applicability which could cancel particular aspects of the agreement.