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1
Samsonov, Nikolay V. « Aims of the Civil Procedure in Russia and France : Common Features and Differences ». Arbitrazh-Civil Procedure 1 (27 janvier 2022) : 51–55. http://dx.doi.org/10.18572/1812-383x-2022-1-51-55.
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In this article the author conducts a comparative study of the target attitudes of the civil procedure in Russia and France. We determine the hierarchy of target attitudes of the Russian civil law process. The article substantiates that strengthening the rule of law and law and order, prevention of offenses, the formation of a respectful attitude towards the law and the court are additional goals of civil proceedings, cannot be achieved separately from its main goal — the protection of violated rights, freedoms and legitimate interests of persons whose dispute is subject to consideration in court. We note the commonality of the main goal of the Russian civil and arbitration processes, as well as administrative proceedings. We reveal the implicitly fixed goals and objectives of civil proceedings in France. We make the conclusion about the similarity of the goals of the French justice in civil cases, hidden in the national law, and the goals of the Russian civil procedure directly enshrined in the law.
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Miletti, Marco Nicola. « Le facce d’un diamante. Appunti per una storia dell’immediatezza nella procedura penale italiana ». Revista Brasileira de Direito Processual Penal 7, no 2 (29 août 2021) : 827. http://dx.doi.org/10.22197/rbdpp.v7i2.596.
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Il saggio ripercorre alcune tappe dell’evoluzione del principio di immediatezza nella procedura penale italiana, entro l’arco cronologico compreso tra la fine del secolo XVIII e il codice Finocchiaro-Aprile del 1913. Dopo una breve rassegna delle diverse definizioni del lemma e un cenno diacronico alla demarcazione dal concetto di oralità, la ricerca muove dagli spunti offerti da ‘pionieri’ quali Francesco Mario Pagano e Niccola Nicolini; esamina la letteratura europea (francese e, soprattutto, tedesca) che permeò la riflessione dei giuristi italiani; quindi si addentra nella stagione post-unitaria. Quest’ultima fu connotata dal contrasto tra un codice di rito (1865) ancora prettamente inquisitorio e una dottrina tutt’altro che compatta: se i primi commentari e, ancor piú, la scuola carrariana classificavano l’immediatezza tra i canoni inderogabili della giustizia liberale, la scuola positiva vi scorgeva un indebito cedimento alle interferenze popolari ed emotive nel dibattimento. La lunga elaborazione del codice Finocchiaro-Aprile non solo stimolò un serrato confronto dottrinale ma partecipò a quel movimento per l’oralità grazie al quale Chiovenda confidava di modernizzare il rito civile e penale.
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Clay, Thomas. « La réforme des articles du Code civil sur larbitrage en France ». ASA Bulletin 35, Issue 1 (1 février 2017) : 40–54. http://dx.doi.org/10.54648/asab2017004.
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Even if it covers many areas of French procedural law, the “21st Century Justice” law specifically encourages Alternative Dispute Resolution (ADR), with an entire title dedicated to it. The new law adopts a broad concept of ADR, including mediation, conciliation, participatory procedure, negotiation and arbitration. It modifies, sometimes substantially, their legal regimes in order to develop and facilitate their use. The purpose of this article is to trace the story of this reform and explain its content, in the context of arbitration only. In relation to the domestic arbitration agreement, Article 2061 of the French Civil Code has been rewritten in two major ways: on the one hand, its scope has been significantly broadened since it can now be introduced in all contracts, including civil ones, as long as the parties freely dispose of their rights and agreed to it. This means that the arbitration agreement is no longer reserved for professionals only. On the other hand, when it is part of a consumer contract, it is also valid but the consumer will be able to waive it once the dispute has arisen. The modernity of its solutions and the fair balance between the parties are the two sides of this small revolution that projects arbitration into the 21st century.
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Ferrand, F. « "La Procedure Civile Mondiale Modelisee : Le Projet De L'American Law Institute Et D'Unidroit De Principes Et Regles De Procedure Civile Transnationale" - Lyon (France), 12 juin 2003 ». Uniform Law Review - Revue de droit uniforme 8, no 3 (1 août 2003) : 672–73. http://dx.doi.org/10.1093/ulr/8.3.672.
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Skichenko, Alona. « Court consideration of adoption cases : comparative analysis of civil procedural legislation Ukraine and France ». Entrepreneurship, Economy and Law, no 2 (2021) : 16–20. http://dx.doi.org/10.32849/2663-5313/2021.2.03.
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Adamson, J. S. A. « The Baronial Context of the English Civil War ». Transactions of the Royal Historical Society 40 (décembre 1990) : 93–120. http://dx.doi.org/10.2307/3679164.
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WHEN rebellion broke out in England in 1642, the political nation had been, for over a decade, obsessed with medieval precedent and its gothic past. Practices and institutions which had seemed defunct revived, during the 1630s, into new and sometimes controversial life. Trial by combat was reintroduced in appeal of treason in 1631, and confirmed by the judges in 1637 as a legitimate legal procedure even in disputes of property; in 1636 a bishop was appointed to the Lord Treasurership for the first time since the reign of Edward IV; in 1639 England went to war without the summons of a Parliament for the first time since 1323; and the following year the Great Council of Peers met, for the first time since the reign of Henry VIII, to deal with a revolt of the Scottish nobility. At Court, the king was encouraging a gentleman of his Privy Chamber, Sir Francis Biondi, in his labours on a massive survey of the baronial struggles in England from Richard II to Henry VII—a work which, when it appeared in 1641 as The Civill Warres of England, was shortly to be endowed with a profoundly ironic topicality.
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Reynolds, Michael. « Judicial Experiments in Caseflow Management 1920-1970 ». Amicus Curiae 1, no 3 (19 juin 2020) : 389–417. http://dx.doi.org/10.14296/ac.v1i3.5164.
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This article explores the evolution of a subordinate judicial office of the Official Referee which was the revolutionary creation of the Judicature Commission of 1872. What is described here is the innovation and evolution of a rudimentary form of case management more than 70 years before its formal introduction in the English courts under the Civil Procedure Rules. This article considers evidence of that evolution as well as the innovations and experiments of judges ahead of their time: Sir Francis Newbolt and his successor Official Referees. It argues that the consensual and business-like approach adopted by Newbolt and others facilitated earlier settlement by means of judicial encouragement during discussions in chambers at an early interlocutory stage. It considers the extent to which Newbolt’s Scheme focused on what Marc Galanter has described as ‘quality of outcome’ and attempts to place this study in the context of the approach taken by Galanter. Such study would not be complete without reference to the work of the late Simon Roberts, which saw civil courts as being transformed into instruments of structured negotiation.
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Nazemi, Mahdi, et Abbas Ali Salehi. « Investigating the Custody in Shiite Jurisprudence and Civil Rights in France ». Journal of Politics and Law 9, no 7 (30 août 2016) : 230. http://dx.doi.org/10.5539/jpl.v9n7p230.
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Custody in Islam is the procedure for child rearing, which effects his physical and material context. What kept custody of the child apart from other issues, is attention to the spiritual dimension of the child and considering the child needs. Child custody and disputes on it leads to be an important issue for parents in countries civil law. In civil rights it becomes as well as the important of religious orders and opinions of jurists, in this regard recommendations are provided on how to improve the supervision and laws of our country's children for a better life. Therefore, in this case, it is needed to examine the legal opinion regarding to the custody of the two legal systems of Iran and France. The first custody must be investigated and have priority to the custody of the father or mother. In Iranian Civil Code the right and duty of parents in custody knows some right and some homework. In French Civil Code custody of parents towards children in all areas of life for the growth, maintenance and education of children is common and conspicuous aspects of its obligatory. The exercise of the custody right is shared between parents and conditions are considered the parent with custody situations where their absence is excused. Parents under certain circumstances can have the right to self-disclaimer or leave to a third party to ask the court about the right.
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Montans, Ana Paula M., et Yves Derains. « Os Princípios da Lealdade, Celeridade e Confidencialidade Codificados pelo Novo Decreto Francês de Arbitragem ». Revista Brasileira de Arbitragem 8, Issue 32 (1 décembre 2011) : 30–47. http://dx.doi.org/10.54648/rba2011052.
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ABSTRACT: The Decree nº 2011-48 of January 13, 2011, introduced important changes to the French Code of Civil Procedure relating to arbitration. Among them is the novel inclusion of the principles of loyalty, celerity and confidentiality. Although these principles were already part of French case law, the Decree confirms and clarifies their application, particularly regarding the confidentiality, which is a rule only in domestic arbitrations. As these notions are somewhat vague and difficult to grasp, this article analyses their application through case law and practical examples, from the point of view of both the parties and the arbitrators, including the possible remedies for their violation.
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Levon-Guérin, Francine, et Catherine Chadelat. « The length of civil first instance and appeal procedures in france : Endemic delay and the need for reform ». Liverpool Law Review 20, no 2 (septembre 1998) : 177–99. http://dx.doi.org/10.1007/bf02799316.
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Riberi, Mario. « Giovanni de Foresta, deputato alla camera subalpina e Ministro della giustizia (1850-1859) ». Italian Review of Legal History, no 7 (22 décembre 2021) : 199–255. http://dx.doi.org/10.54103/2464-8914/16889.
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Il giurista nizzardo Giovanni de Foresta è un personaggio poco noto e pochissimo studiato, nonostante il suo notevole apporto dato alla causa dell'unità d'Italia. Sostenitore di Cavour, sedette alla Camera subalpina per due legislature, la IV e la V, e rivestì due importanti incarichi di governo: fu ministro di Grazia e Giustizia sia nel primo governo D’Azeglio sia nel secondo governo Cavour, nel periodo di entrata in vigore delle leggi Siccardi. Oggetto di questo articolo sono i progetti elaborati da De Foresta durante questi due incarichi ministeriali. Innanzitutto il progetto che si tradusse nella legge del 26 febbraio 1852 sull’introduzione di misure restrittive della libertà di stampa: il dibattito parlamentare che ne seguì portò alla frattura della destra e alla stagione del "connubio" Cavour-Rattazzi. Successivamente viene illustrata l’opera svolta da De Foresta negli anni 1855-59 per il rinnovamento della codificazione del Regno di Sardegna attraverso l’apertura di un cantiere sia per l’elaborazione del codice di procedura civile sia per la revisione dei codici penali, che nel 1860 sostituirono quelli albertini. È infine presentato il contributo dato nel 1858 da De Foresta all'alleanza con la Francia, ritenuta indispensabile da Cavour per realizzare l'unità d'Italia, quando il Guardasigilli, per venire incontro alle richieste del governo francese, fece approvare dal Parlamento subalpino la legge sulle sanzioni da infliggere ai cospiratori contro i capi di stato stranieri.
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Debono, Bertrand, Carole Gerson, Thierry Houselstein, Lynda Lettat-Ouatah, Renaud Bougeard et Nicolas Lonjon. « Litigations following spinal neurosurgery in France : “out-of-court system,” therapeutic hazard, and welfare state ». Neurosurgical Focus 49, no 5 (novembre 2020) : E11. http://dx.doi.org/10.3171/2020.8.focus20582.
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OBJECTIVESpinal surgeries carry risks of malpractice litigation due to the random nature of their functional results, which may not meet patient expectations, and the hazards associated with these complex procedures. Claims are frequent and costly. In France, since 2002, a new law, the Patients’ Rights Law of March 4, 2002, has created an alternative, out-of-court scheme, which established a simplified, rapid, free-of-charge procedure (Commission for Conciliation and Compensation [CCI]). Moreover, this law has optimized the compensation provided to patients for therapeutic hazards by use of a national solidarity fund. The authors analyzed the consequences of this alternative route in the case of claims against private neurosurgeons in France.METHODSFrom the data bank of the insurer Mutuelle d’Assurances du Corps de Santé Français (MACSF), the main insurance company for private neurosurgeons in France, the authors retrospectively analyzed 193 files covering the period 2015–2019. These computerized files comprised the anonymized medical records of the patients, the reports of the independent experts, and the final judgments of the CCI and the entities supporting the compensation, if any.RESULTSDuring the 5-year study period (2015–2019), the insurance company recorded 494 complaints involving private neurosurgeons for spinal surgery procedures, of which 126 (25.5%) were in civil court, 123 (24.9%) were under amicable procedure, and 245 (49.6%) were in the out-of-court scheme administered by the CCI. Out of these 245 cases, only 193 were closed due to delays. The conclusions of the commission were rejection/incompetence decisions in 47.2% of the cases, therapeutic hazards in 21.2%, nosocomial infections in 17.6%, and practitioner fault in 13.5%. National solidarity compensated for 48 complaints (24.8%). The final decision of the CCI is not always consistent with the conclusions of the experts mandated by it, illustrating the difficulty in defining the concept of hazards. The authors found that the therapeutic hazards retained and compensated by the national solidarity included decompensated spondylotic myelopathies (15% of the 40 cases) and cauda equina syndromes (30%). As allowed by law, 11.5% of the patients who were not satisfied triggered a classical procedure in a court.CONCLUSIONSIn the French out-of-court system, trial decisions resulting in rulings of proven medical malpractice are rare, but patients can start a new procedure in the classical courts. The therapeutic hazard remains a subtle definition, which may be problematic and require further discussion between experts and magistrates. In spite of the imperfections, this out-of-court system proposes a major evolution to move patients and medical providers from legal battles to reconciliations.
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Rousselot, Marie, Yves Durand, Gérald Giraud, Laurent Merindol et Luc Daniel. « Analysis and forecast of extreme new-snow avalanches : a numerical study of the avalanche cycles of February 1999 in France ». Journal of Glaciology 56, no 199 (2010) : 758–70. http://dx.doi.org/10.3189/002214310794457308.
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AbstractSnow and weather conditions typical of exceptional cycles of fresh-snow avalanches in the northern Alps are investigated using the numerical avalanche-hazard forecasting procedure of Météo-France. Sensitivity tests are performed on the events of February 1999 in the Chamonix France region, and resulting snowpack instability modeled at the massif scale is compared using adapted new indices and maps. Our results complete conclusions of earlier observation-based studies by providing new insights into the snow and weather conditions of February 1999. The large avalanches mainly resulted from large and very unstable fresh-snow accumulations. Moreover, the snowpack instability was increased locally by wind transport of light and fresh snow in February. The mechanical weaknesses resulting from the weather conditions prior to February were a key factor in explaining the unusual volumes of these avalanches. This study suggests that the operational numerical SAFRAN/Crocus/ MÉPRA (SCM) chain provides reliable forecasts of extreme new-snow avalanche situations at the massif scale, but that local-scale simulations are still needed to improve the efficiency of risk mitigation and civil protection policies.
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Borshcheniuk, Vera, Nina Semeryanova, Uliana Filatova et Valeriy Zhabskiy. « The concept of “justice” in the legislation of Russia and France, implementation features ». E3S Web of Conferences 135 (2019) : 04006. http://dx.doi.org/10.1051/e3sconf/201913504006.
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The relevance of the study is determined by the prevailing variety of approaches to understanding the essence of the concept of “justice”, which is characteristic of both Russia and France. Such variability leads to a persistent distortion of this concept in practice of law enforcement, which, in turn, affects the effectiveness of administration of justice. The aim of the authors is to study scientific theoretical views and practical issues associated with the implementation of the principle of justice in two states. In the work we used following methods: dialectics, analysis, synthesis, deduction, as well as the formal legal and comparative legal method.Based on the analysis of the doctrine, legislation and judicial practice of two states, Russia and France, the following conclusions are drawn. At present, “justice” is understood as a universal notion, which is not limited only by coverage of regulatory norms of the law, but is actively applied by judicial practice. The use of this concept allows the court to make fair decisions depending on specific circumstances of the case, thereby achieving a balance of interests of participants in the process by interpreting and clarifying the law, and in some cases by creating a new rule of law that allows the courts to ensure the effective implementation of the principle of justice. However, in order to avoid variability in understanding this notion, it is proposed to fix the concept of “justice” in the civil procedure code, this will reduce the percentage of judicial conflicts and will contribute to formation of a uniform judicial practice.
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Pereira Jr., João Gomes, Arthur Favrel, Loïc Andolfatto, Christian Landry, Sebastian Alligné, Christophe Nicolet et François Avellan. « Procedure for predicting part load resonance in Francis turbine hydropower units based on swirl number and local cavitation coefficient similitude ». Mechanical Systems and Signal Processing 132 (octobre 2019) : 84–101. http://dx.doi.org/10.1016/j.ymssp.2019.06.011.
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Altuzarra, Jorge, Alberto Herrera, Onintze Matías, Joaquín Urbano, Cristina Romero, Shan Wang et C. Guedes Soares. « Mooring System Transport and Installation Logistics for a Floating Offshore Wind Farm in Lannion, France ». Journal of Marine Science and Engineering 10, no 10 (22 septembre 2022) : 1354. http://dx.doi.org/10.3390/jmse10101354.
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This study addresses the planning procedures for the installation of the mooring systems that support the floating offshore wind turbines in a wind farm. It considers the logistics of the installation process and discusses the important role of the weather windows in the planning of those operations at a preliminary stage of the project. The case study is based on a wind farm array of 47 Telwind floating wind turbine platforms, to be located in Lannion (France), with a potential of 470 MW. The study includes the transport and logistics requirements of different mooring components, such as chains, connectors and drag anchors; the description of the installation operations considering the typology of vessels that are necessary in these manoeuvres; as well as the planning and costs associated with the transport and installation. Given the diversity of elements and operations involved in the installation procedure, it is demonstrated that the research results of duration and costs of this type of operations are only possible to obtain using a simulation tool.
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E. S., Terdi, et Skrynnik I. K. « Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II) ». Rossijskoe pravosudie, no 9 (23 août 2021) : 80–87. http://dx.doi.org/10.37399/issn2072-909x.2021.9.80-87.
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The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.
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E. S., Terdi, et Skrynnik I. K. « Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part I) ». Rossijskoe pravosudie, no 8 (16 juillet 2021) : 38–46. http://dx.doi.org/10.37399/issn2072-909x.2021.8.38-46.
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The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described, in which the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in June 2, 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.
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Trikoz, E. N. « SYSTEMATIZATION OF THE LAW IN ENGLAND IN THE EARLY 17th CENTURY : THE IMPORTANCE OF FRANCIS BACON’S IDEAS ». Вестник Пермского университета. Юридические науки, no 54 (2021) : 660–88. http://dx.doi.org/10.17072/1995-4190-2021-54-660-688.
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Introduction: in the year of the 460th anniversary of the birth of Francis Bacon, an English philosopher and lawyer, statesman and court practitioner, of special relevance is research into Bacon’s contribution to the development of theoretical and organizational bases of the law reform and the technique of law systematization. In his works, Bacon put forward a set of ideas concerning rationalization of common law and novelization of statutory law in early modern England. Purpose and objectives: to identify the features of legal discourse and dogmatic opposition between legal corporations of lawyers of common and civil law; to analyze their influence on the formation of Bacon’s legal worldview; to determine his contribution to the development of the concept of the ‘reform of law’ and the doctrine of the sources of law in Anglo-Saxon jurisprudence; to evaluate the content of his theoretical treatises and legislative proposals concerning the systematization of statutory and case law in early Stuart England. Methods: in the course of the study of Bacon’s development as a thinker and his career advancement, we employed methodological approaches such as dialectical, cultural, general historical, sociological, dogmatic. When analyzing Bacon’s legal ideas and doctrines, his legislative projects and theoretical writings, we applied both general scientific methods (system-structural and formallogical, inductive and deductive) and special legal methods of cognition: historical-legal, comparative- legal and formal-legal, as well as methods of legal hermeneutics, interpretation, and juris linguistics. Results: we have formulated the definitions of the ‘reform of law’ and ‘systematization of law’ in the context of the legal discourse of early Stuart England and specifically in the framework of Bacon’s teachings; studied the directions of Bacon’s activity aimed at improving the judicial procedure and evidentiary practice, at unifying the law within the Anglo- Scottish union, and also the special model of the gradual reform of English law developed by Bacon. He defined the proper legal and technical conditions for the systematization of law, the necessary elements of legalistics, and the ‘general part’ in the form of a list of legal maxims andregulis juris provided in his translation. Conclusions: according to Bacon, ‘schematism’ of reforming the law involved several successive stages. We have established the following scheme of legal systematization as the ultimate goal of the legal reform according to Bacon’s plan: review and revision of statutory law – chronological incorporation of statutes and precedents – thematic hybrid codification (or consolidation) – creation of a ‘digest’ (corpus of laws) as a final document.
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« Vaudelle v. France ». Human Rights Case Digest 12, no 1-2 (2001) : 37–40. http://dx.doi.org/10.1163/157181301401012140.
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Special procedural guarantees might be necessary to protect those who, on account of a mental disorder, were not entirely capable of acting on their own behalf. An individual who had been certified incapable of defending his civil interests and who benefitted from assistance to that effect should also have been assisted in defending himself against a criminal charge.
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Mendonca, Paula, et Marcus Firmino Santiago Da Silva. « O Tempo, as Vias Recursais e a Aplicação Normativa ». Cadernos do Programa de Pós-Graduação em Direito – PPGDir./UFRGS 11, no 2 (31 décembre 2016). http://dx.doi.org/10.22456/2317-8558.61954.
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O TEMPO, AS VIAS RECURSAIS E A APLICAÇÃO NORMATIVA TIME, APPEAL AND NORMATIVE APPLICATION Marcus Firmino Santiago da Silva*Paula Mendonca** RESUMO: Em 16 de março de 2015, promulgou-se o novo Código de Processo Civil (CPC). Trata-se de um marco no direito instrumental. Nesse cenário de câmbio normativo para o novo Código de Processo Civil, o fito deste estudo é não somente refletir a respeito do direito intertemporal, mas principalmente pensar sobre a forma como os recursos devem ser analisados pelos juristas no período de mudança para o novo código. Para alcançar essas finalidades, desenvolveu-se uma pesquisa cuja metodologia é a dogmática instrumental. No que concerne à doutrina exógena, observou-se a visão francesa, pela obra do intelectual Paul Roubier. À nível nacional, estudou-se os posicionamentos de Nelson Nery Junior, Teresa Arruda Alvim Wambier e Bruno Dantas. PALAVRAS-CHAVE: Novo. Intertemporal. Recursos. Refletir ABSTRACT: On 16 march 2015, the new Code of Civil Procedure (CPC) was promulgated. It is a crucial milestone in procedural law. In thi s scenarioofregulatorychange, the objective of this study Is to reflecton intertemporal law as well as to think about how appeals should be analysed by the legal experts in the light of the new context. In order to achieve those aims, in terms of scientific methodology, this research was developed in a dogmatic and instrumental perspective. Regarding the foreign doctrine, the French view point on thebasis of Paul Roubier was observed. Concerning Brazilian doctrinators, Nelson Nery Junior, Teresa Arruda Alvim Wambierand Bruno Dantas academic works were studied. KEYWORDS: New. Intertemporal. Appeals. Reflect.. SUMÁRIO: Introdução 1 O tempo e o Direito. 2 A segurança jurídica como limitação à retroatividade normativa. 3 Da aplicação da lei processual no tempo. 4 Diante da lei nova, qual é o regramento aplicável a recursos de processos pendentes? 5 O Direito transitório na perspectiva de Paul Roubier. 6 Exemplo de caminho recursal e lei aplicada equivocadamente no Brasil. Considerações Finais. Referências.* Doutor em Direito do Estado pela Universidade Gama Filho, Rio de Janeiro. Mestre em Direito Público pela Universidade Estácio de Sá, Rio de Janeiro. Professor do curso de Mestrado em Direito das Relações sociais e Trabalhistas do Centro Universitário do Distrito Federal (UDF).** Mestre em Direito Constitucional pelo Instituto Brasiliense de Direito Público (IDP). Especialista em Direito do Trabalho e Processo do Trabalho pelo Instituto Brasiliense de Direito Público (IDP)