The ground of judgment in civil case in France

Abstract

“Reason in the Judgment” is the evidence of “Judicial Independence”. Judges have to give reasons for their decisions to show his detailed consideration and to give opportunity of judgment verification. French Civil Code Section 5 prohibits judge to make law, son the judgment is rendered on case-by-case basis. Each judge must individually responsible his or her own interpretation of laws. He needs to give reasons and supports by high Court decision. So, reasoning in French judgment is short, no dissent judgment, and apply only the concerning provision. In general, REASON in French judgment contains us enforcement. If any reason cannot be departed from the judgment and be importantly decisive, it is call “Main Reason of the Judgment”. The Supreme Court has laid the if the reason is so close that it cannot be departed from the judgment, that reason is enforceable ,unarguable and come before court decision or court order, called “motifs decisifs”