Serge Guinchard
Encyclopedia
Serge Guinchard', born on May 9 1946 in Lyon
(4th arrondissement
) is a French jurist, teacher
emeritus professor of the University of Paris II. Lawyer often asked to give its views on matters within its scope, both in France and abroad, currently specializes in issues of justice and lawtrial,he has combined a dual career as a scholar, from three angles researcher, teacher and director (two faculties-Faculty and various institutes successively in Dakar, Lyon and Paris, and two academies in Guadeloupe and Rennes) and political activity and municipal agglomeration Lyon. He has combined these two types of activity, without ever sacrificing its academic activities, particularly in the field of research became involved in public life and local politics of his hometown, Lyon (France), as evidenced by those who knew him in this life (see below,the § on his political activities and at the head of Lyon-Parc-Auto).
- Member of the Society of Comparative Law since 1972 and honorary president of the section of procedural law since 2006;
- Member of the Association Henri Capitant of French legal culture, since 1976;
- Member of the Society for the History of the faculties of law and legal science since its inception.
- Member of the Circle of constitutional experts.
- On behalf of the French Ministry of Justice:
• Chairman of the Commission established 18 January 2008 by the Honourable Minister of Justice (Rachida Dati), the distribution of first instance civil litigation and possible civil diversions (including the issue of transfer to the notaries of divorce by mutual consent) and criminal. Composed of magistrates and representatives of legal professions, academics she had four in addition to its President, Natalie Fricero (Nice), Frédérique Ferrand (Lyon 3) and Xavier Lagarde (Nanterre). Report submitted June 30, 2008 The report contains 65 proposals for reform (civil and criminal justice). At December 22, 2010, twenty-six of its proposals had received a full translation in 15 different texts (laws and decrees). A text is still under discussion in Parliament for the reform of divorce by mutual consent, the abolition of local courts (but the maintenance of local judges), various provisions of the Criminal Procedure (Government bill tabled in National Assembly March 3, 2010, under discussion in Parliament in March 2011) Report to Senate.
• Chairman of the Commission established November 28, 2002 by the Minister of Justice (Dominique Perben), the quality of civil justice. Specifically, animation of the working group on training local judges and lay judges. Submitting a report and a draft decree on the formation of local judges, 31 January 2003. Submitting a report on the training of lay judges in March 2003, published in French Documentation. Commission's work behind the decree No. 2004-836 of 20 August 2004 on the reform of civil procedure.
• Chairman of a working group established by the Minister of Justice (Jacques Toubon) on the reform of the foreclosure, July 1996-June 1997. Pre-reform bill introduced in November 2005 to the Council of State, became Ordinance No. 2001-461 of 21 April 2006.
- On behalf of the Senegalese Ministry of Justice, Co-editor of the draft law on commercial companies and the draft Code of societies, became the fourth part of the Code of Obligations, after its adoption by the Senegalese National Assembly.
- On behalf of the Council of Europe, expert to assess the judicial system of Armenia and the Armenian criminal procedure, for joining the Council of Europe and the European Convention on Human Rights and Fundamental Freedoms: expert mission in Yerevan (Armenia ), of 4 to 6 September 1996; synthesis report in 1997. Accession of Armenia to the Council of Europe in 2001.
- On behalf of NATO: synthesis Report, in October 1974 on a research project onconsumer protection under French law and Canadian law, following a research grant from that organization in 1973-1974 (stay at Laval University in July 1973 at the University of Montreal in Montreal in September 1974).
2. Co-director, since 1987 (with Thierry Debard since 2010) glossary of legal terms created in 1970, publisher Dalloz (19th edition, June 2011).
3. Design and direction of the book Law and Practice of Civil Procedure, publisher Dalloz, Collection Dalloz-Action (7th edition, June 2011).
4. Co-design and co-director (with Tony Moussa) Structure Law and practice of enforcement, Dalloz editor, collection Dalloz-Action (7th edition, September 2011).
5. Design and direction of the work of preparing the general oral examination for entry into a regional center training of lawyers "The great oral: protection of Rights and Freedoms Fundamental”, publisher Lextenso / Gazette du Palais, annual edition, May 2011.
2. Founder and Director, effective June 1994, the collection “How to become a lawyer?” publisher Lextenso / Gazette du Palais, collection "Judicial Careers." The collection includes three types of work:
- A volume on the conditions of access to the profession, written by Serge Guinchard: 1st ed., June 1994, 7th ed. January 2010;
- A volume of preparedness briefing note, prepared by Mrs Caroline Watine-Drouin (annual, January 2011);
- A large volume of oral preparation of entrance examination in a Regional Vocational Training Centre lawyers "The great oral: protection of fundamental rights and freedoms", annual, May 2011.
the university system in this country, with the “Office franco-québécois for Youth”. Two years later, he returned for a search mission of NATO on consumer protection in Canadian law (living in Laval University in Quebec City and University of Montreal in Montreal), his mission ended in 1974. After his Ph.D. in 1974 and its aggregation of private law in 1975, it joined the Association Henri Capitant of French legal culture(which development of contacts with the world) and returns immediately to the right compared by investing in the law of the country where he teaches, Senegal, from 1976 to 1980. Back in France (1 September 1981), he focused his administrative action as the dean of the Faculty of Law of Lyon (1982–1988), the development of trade with European and American universities and in this regard, he prospected in the U.S. universities (Boston University, Chappel Hill, Georgetown, Minneapolis and St. Louis, Missouri) and it creates with the University of Minnoseta in Minneapolis a summer school in Lyon, Faculty of law in this city in 1984 and supports the Institute of Comparative Law Edouard Lambert created by giving the name of its founder. Elected by his colleagues at the University Paris 2, it creates the master 2 Justice and Law trial, in which he provided a seminar for foreign law for the arrival of a visiting professor from another jurisdiction (Germany, Belgium, Canada, Israel, etc.). and performs many tasks of teaching or conferences abroad.When in 1995 he founded the law review Justice, published by Dalloz, he took the initiative to include a section on the justices of the world including Europe. A few years later (in 2000) will be the same for the review Law and procedures (review of judicial officers) where he headed the scientific committee, then the peer. He directs his students to the theory of comparative law, two of which become aggregated private law with a dissertation on comparative law and two other lecturers to Paris 2 and Athens (Greece). He participated in discussions of comparative law and carry the word abroad about the French experience, including training. Finally, he introduced the Processual law / Human rights trial, glimpses of foreign law,written by leading experts in these matters.
into French law Article 2011 and the status of individual entrepreneur limited, in which heritage institutions, separate from the personal assets of the Trustee or the individual entrepreneur, is assigned to a specific purpose in the deed of trust or in the founding of the proprietorship, the assets and liabilities transferred under the transaction mentioned in section 2011 of the Civil Code or the occupation of the individual entrepreneur referred to in Article L. 526-6 of the Commercial Code, form a heritage station. Serge Guinchard developed in his thesis the idea of splitting the assets, a "fighter" engaged in professional activity, the other "security", assigned to the preservation of family interests and it is this idea found in the aforementioned law of 15 June 2010 on the EIRL.
To Senegal
, where he was seconded as a professor at the Faculty of Law of Dakar from January 1976 to September 1980, Serge Guinchard contributed one hand, to disseminate knowledge of law Senegalese family, in his personal and financial aspects (including Islamic law
of estates), and, secondly, to reform the company law of this State. As regards the right of the family, he published numerous articles and case comments, emphasizing the conflict between tradition and modernity in post-colonial society in this particular field. Above all, he published the first book addressing the legal status of Muslim in this country estates. In direct contact with the High judicial and political authorities of the country, he practiced what might be called a "judiciary to influence" the passage of customary law in civil law codifications based on the post-colonial as well as reflected the assumption by the Senegalese courts solutions he advocated, particularly in the application of customs in time Serer
and Ouoloff Islamized on devolution matrilineal herds of cattle and about the coordination in the last quarter of the twentieth century, inheritance of two statutes as diverse as those from the civil law (largely taken from French law) and Islamic law from, in a country with strong traditions and customary Islamized where Islam is the religion of almost the entire population. Regarding company law, Serge Guinchard participated in the preparation of the draft Code of civil and commercial companies of Senegal, became the fourth part of the Code of Obligations, after its adoption by Senegal's National Assembly, he advocated that Senegalese law incorporates the French model of corporate law, but also the Anglo-Saxon, in the hope of attracting investors tradition of common law. In both areas, he always taught these disciplines, along with teaching insurance law and its research activities and "jurislator".
a) Serge Guinchard tried to highlight what he called the triptych's right to a fair trial in his writings above, including the book Dalloz processual law: the right to a judge, including the effectiveness of this right by the removal of all barriers to financial and legal, the right to a good judge, with institutional guarantees: unity or duality of the courts; unit or collegiate courts, a higher court, independence and impartiality of the judge; secular courts, a language understood by litigants, and also by procedural guarantees, with a public procedure, fast and equitable within the meaning of the requirement of reasoned decision, the principles of equality of arms and the principle of contradiction, the right to carry out the judge's decision.
b) Serge Guinchard has advanced the idea as early as 1999, that three structuring principles are emerging behind the guidelines currently being held in each type of litigation, the principles that meet new needs, as expressed by litigants and citizens.
-Needof confidence in the institution of justice and respect for others, where a principle (structuring) of loyalty, particularly in the search for evidence;
-A need tolisten to the Other, whether the parties or the judge or of others, where a principle (structuring) of dialogue between parties and between them and J.;
-A need for closenesslast, but not necessarily in space, time taken to traverse a distance a substitute for geographical proximity, resulting in principle, also structuring, speed.
These are the guiding principles of tomorrow, emerging principles, which means they are not yet accepted by all. They structure all litigation and should be "put in letters of gold pediments courthouse". They reflect the advent of a procedural democracy.
c) Finally, Serge Guinchard has yet tried to show that we have entered a new era of exceeding pure technical procedural issues, not because they would become useless, but because they need to be revisited the light of globalization (which induces an attraction of civil procedure to guarantee fundamental rights) and in the light of a model law of the trial (the rules of fair trial are now the model of a right joint trial). Simple technique of organizing civil lawsuit (as the company is a technical organization of the company, among others), the procedure has become an instrument for measuring the effectiveness of democracy in our country As the European Court of Human Rights is closely monitoring.
• Civil procedure, collection Hypercours, 1st ed. Dalloz ed., sept. 2009 (with Cecile Chainais and Frédérique Ferrand).
• Judicial institutions, 10th ed. Dalloz, sept. 2009. 5th edition of the book (1999) was translated into Chinese, see the next §.
• Action-Dalloz Civil Procedure, 6th ed. Dalloz ed., march 2009 (towards a collective work).
• Action-Dalloz enforcement, 6th ed. Dalloz, nov. 2009 (co-directed with Tony Moussa).
• Criminal Procedure, 6th edition, Litec, Sept. 2010 (with Jacques Buisson). Annual edition in September.
• Procedure law - Fundamental Rights of the trial, 6th ed. Dalloz, jan 2011, 1401 pages (collaboration).
• Glossary of legal terms Dalloz, 18th ed. Dalloz, June 2010. Book translated into Spanish, Japanese and Portuguese, v. the next §. Annual edition in June.
• How to become a lawyer, 7th ed., jan. 2010, Lextenso/Gazette du Palais ed.
• Preparing the general oral examination for entry into a training center law, 6th ed., May 2011, Lextenso/Gazette du Palais ed., annual edition in may.
• Spanish for South America; translation of the fourth edition of 1978, editions Temis, Bogota (Colombia), 1986: "Diccionario legal";
• Japanese language translation from the 9th edition (1993), Tokyo, 1996; translation of the 11th edition (1998), Tokyo, 2002, by a team of Japanese lawyers led by Professor Koichi Nakamura;
• Portuguese, 2001.
2. Judicial institutions: Chinese translation of the 5th edition (1999), Press of China University, 2000.
3. Civil Procedure: Chinese translation of the 25th edition (1999), University Press of China, 2002, Mr. LUO Jiezhen, under the title (in Pinyin) "Faguo Minsh Susongfa yaoi.
• The allocation of property in French private law, testing a general theory: thesis for the doctorate in law defended in June 1974 at the Université Jean Moulin-Lyon III, published in janv.1976, LGDJ ed., biblio. private law, t. 145, preface Roger Nerson, 429 pages. Reviewed by Roger Nerson, in Annals of the Faculty of Law, Université Jean Moulin (Lyon 3), 1974/2, page 229.
• Law of family property in Senegal (marriage, inheritance and gifts in Muslim law and civil law), published by Nouvelles Editions Africaines and LGDJ, biblio. African and Madagascar Law, t. 32, Paris, Dakar and Abidjan, December 1979 and jan. 1980, 669 pages.
• Annotated Code of Civil Procedure: Litec ed. November 1986 (first edition dated 1986- 1987) to December 1997 (11th edition dated 1997-1998).
• Law via the Internet: LGDJ ed., 1st ed., February 1999, 2nd ed., jan 2001.
• MegaCode commented Civil Procedure: Dalloz ed., 1st ed., May 1999 (1962 pages), 2nd ed., May 2001 (2183 pages).
• Practice of Insurance including: people and goods, collectibles Juriscompact, Litec ed., October 2003, 941 pages.
In Senegal: Muslim personal status law and civil law (individuals, families, matrimonial property, gifts and inheritances); obligations and special contracts, the contract insurance, commercial law and company law.
In France: procedural law / common law trial, the trial rights; civil and criminal proceedings;
judicial institutions; enforcement. Business law (acts of commerce, merchants, businesses, corporate bankruptcy settlement of business difficulties, credit instrument and instruments financial). Insurance law (contract, property insurance, personal insurance, automobile insurance; assurance procedure; marine insurance). Competition law and consumer. Civil Law (Introduction to Law, family and people, bonds, special contracts, liens, marriage, gifts and estates). Criminal law in general and special. Labor Law, Social Security. He also directed 2001 to 2003 the Centre for Continuing Education of the University of Paris 2, thus demonstrating its interest in training issues.
a) Under the Prevention of Delinquency: establishment of a support system for elderly and disabled people in financial institutions (banks, savings and post offices), creating a system to protect high-risk businesses (jewelers, furriers, etc. ..) by connecting to a remote monitoring network, improving the security of public car parks, improving safety in swimming pools and skating rinks, creating a network of remote alarm which all could relate Lyon, creation of 20 posts so-called "community service" in the Lyon City Hall, to accommodate offenders on proposals from the courts ; installation of conscripts in public housing, creation and animation of a municipal commission of crime prevention in conjunction with the social partners, the judiciary and police participation in the facility in July 1983 and Matignon the work of the National Crime Prevention; monthly meeting with the Prefect of Police of the Rhone and the Departmental Director of urban policies for better coordination of municipal and state in the prevention of delinquency, developing and publishing a white paper on crime Lyon.
b) Under the Municipal Police: reform of paid street parking, improving the rotation of cars parked in the central business, establishing parking on rotating land provisionally free; laying humps outside schools; protection against sidewalk parking by installing anarchy of studs and stakes of quality control program of the lamps reorganization of the municipal pound with increased possibility of intervention for the benefit of Lyon can not leave their car in their garage privatization of impounded animals; privatization of wreck removal; establishment of mobile teams of municipal police officers specially assigned to double parking, improvement of equipment for police municipal building and municipal police stations in the boroughs of network development with a transit authorization policy against bus lanes to make sense of movement and double lanes reorganization and Chair of the Disciplinary Board of taxi drivers ; renovation of the entrance examination to the occupation of taxi drivers, creation of bicycle lanes in lanes protected.
c) under the administrative police: fixing objective rules and permanent clearance sales, liquidations and clearance; better understanding of these legal events, developing a regulatory pedestrian areas strict regulations permissions late opening of pubs and other nightspots.
1) Winner of the Academy of Moral and Political Sciences in 2000, Henri Texier a price for the defense of individual freedom, awards for the work of Criminal Procedure, Litec ed., March 2000, written in collaboration with Jacques Buisson.
2) Winner of the Supreme Council of Notaries of France, 1st Prize Thesis, The allocation of property in private law French, 1974, published in the LGDJ 1976.3).
3) Winner of the National Association of Doctors in Law, 1st prize thesis, 1974.
4) Winner of the Ministry of Education by the awarding of a grant for the publication of the thesis Ph.D.
5) Winner of the Academy of Legislation, 1971, for doctoral dissertation on the false advertising law French and Swiss federal law, the LGDJ published in 1971.
6) Winner of the French Center of Comparative Law, 1st prize, 1971 for the same work.
7) Winner of the General Faculties of Law:
- 1966, 2nd prize of Civil
- 1968, mention of Civil
8) Winner of the Faculty of Law at Lyon:
1965, 1st prize of Civil
1967, 1st prize History of Private Law
1968, 1st prize of Civil
1968, 1st prize of International Private Law
1970, 1st prize for doctoral dissertation
1974, 1st prize at the Ph.D. State Law
9) Scholar Le Figaro, 1966–1967, on criteria of academic excellence.
Officer (directly, not via knight) of the Order of Merit (under the Ministry of Justice by order of May 17, 2008, OJ May 18, 2008, p. 8026; badges issued Thursday, March 26, 2008 by Jean-Marie Coulon, First Honorary President Court of Appeal of Paris).
Commander of the order of the Academics Palms (knight, Order of July 21, 1987; officer decree of November 6, 2001; Commander, Order of October 10, 2003).
of Guadeloupe, awarded by the Prefect of Guadeloupe, Bernard Girod de Langlade, in September 2005, at the start of Serge Guinchard of the Academy. In 2008 Award of the Association of European Ombudsmen, presented by the barrister Mr Christian Charriere-Bournazel.
Lyon
Lyon , is a city in east-central France in the Rhône-Alpes region, situated between Paris and Marseille. Lyon is located at from Paris, from Marseille, from Geneva, from Turin, and from Barcelona. The residents of the city are called Lyonnais....
(4th arrondissement
4th arrondissement of Lyon
The 4th arrondissement of Lyon is one of the nine arrondissements of the City of Lyon.-History:The 4th arrondissement of Lyon was created on 24 March 1852 , with the same borders of the old town of La Croix-Rousse.Dominique Bolliet is currently the mayor of this arrondissement.-Streets and...
) is a French jurist, teacher
Teacher
A teacher or schoolteacher is a person who provides education for pupils and students . The role of teacher is often formal and ongoing, carried out at a school or other place of formal education. In many countries, a person who wishes to become a teacher must first obtain specified professional...
emeritus professor of the University of Paris II. Lawyer often asked to give its views on matters within its scope, both in France and abroad, currently specializes in issues of justice and lawtrial,he has combined a dual career as a scholar, from three angles researcher, teacher and director (two faculties-Faculty and various institutes successively in Dakar, Lyon and Paris, and two academies in Guadeloupe and Rennes) and political activity and municipal agglomeration Lyon. He has combined these two types of activity, without ever sacrificing its academic activities, particularly in the field of research became involved in public life and local politics of his hometown, Lyon (France), as evidenced by those who knew him in this life (see below,the § on his political activities and at the head of Lyon-Parc-Auto).
Formation
Primary School at Caluire-et-Cuire (France) (1952–1957), public school Montessuy, northern suburbs of Lyon (France). After completing his secondary education at Lyon College Neyret (1957–1961) and high school “Lycée Ampère” (1961–1964), he continues in this same city, bright graduate studies at the Faculty of Law of Lyon Fellow of the state honors his license in four years and its master 2 Criminal Science and general private law. Twice winner of the General Faculties of Law and six-time winner of the Faculty of Law at Lyon. It becomes Doctor of in 1974, then Aggregation of Law | Associate Faculties of Law, his first competition in December 1975 (private law and criminal sciences, chairman of the board Jean Charbonnier).Academic career
Assistant from the Faculties of Law November 1969 to September 1974 (University of Lyon II and Jean Moulin-Lyon III in creating it), lecturer at the Faculty of Law, University Jean Moulin-Lyon III, from October 1974 to December 1975, Serge Guinchard was successively professor at the Faculty of Law Dakar (January 1976 to September 1980, he was president of the Private Law Section of the Faculty, from October 1978 to June 1980 ) and the University Jean Moulin Lyon III (he was elected Dean of the Faculty from May 1982 to September 1988. During this dual mandate, Serge Guinchard created: legal symposium of the Faculty of Law of Lyon (1983), the Magisterium of legal business; master's in European law and tax law, a DEUG renovated with compulsory foreign language in two years training and a degree of legal terminology German / English / Spanish / Italian with an integrated curriculum of German universities, English, Spanish and Italian students for Master's and University Summer Franco-American, in cooperation with the University of Minneapolis (Minnesota, USA), a DEUST Property managers and a DEUST assistants and secretaries legal, training and a degree of banking, training and a degree of international trade law, Jean Monnet Institute for International Trade, in conjunction with the Chamber of Commerce of Lyon. He transformed the Faculty of Law Institute of section 33 of the Act of December 1968, the director of its Institute of insurance, from 1 October 1980 to May 27, 1983 and director of its Institute of Judicial Studies from April 1987 to September 1988) before joining in 1988, the University of Pantheon-Assas-Paris 2. He led, in that university for ten years (1990–2000 ) the Institute of Judicial Studies, the largest in France by his status-Faculty Faculty, the success of its students access to the national competition at the National School of Magistracy. During this dual mandate, Serge Guinchard created the channel for preparing the competition of Police Commissioner, the research center and renovation preparation Contest input of the ENM and the entrance examination at a regional center of professional training of lawyers (preparatory classes with an educational renovated). From March 2001 to September 2003, he was president of the Section and the Commission of Specialists in private law at the same university (which he was the vice president since October 1997). Within the University of Paris 2, he created and / or directed many Graduate education degrees, today Master 2. Insurance Head of master 2, 1 October 1988 to September 30, 1993 and the master 2 of procedural law in 1990-1991. Founder and director of the graduate litigation and arbitration, alternative dispute resolution, from 1 October 1991 to September 30, 1996, the master 2 Justice and Law trial, 1 October 1995 to 1 October 2002; graduate diploma of Law and Practice of the Bar from 1993 to 1996; graduate diploma of Law and practice of appellate procedure, from 1 October 1993 to September 30, 1999, the Graduate Diploma Law and Practice of the appeal (Form Learning, in partnership between the University Pantheon Paris-Assas-2 and the National Chamber of solicitors), 1 October 1999 to September 30, 2004. In 2001-2002 he was head of the Centre for Research on justice and alternative dispute resolution. 1 October 2001 to July 20, 2003, he conducted, also in Paris II, Centre for Continuing Education, focusing its efforts on the development of learning in higher education and professional integration of young adults. Along with his responsibilities in the institutions of the university, he was a member of other academic or professional: Chairman of the Committee of experts for legal disciplines at the French University of the Pacific, 1 May 1988 to 30 June 1989 then on 12 October 1993 to June 30, 1994; Board member training national bar association from 1992 to 1999. As such, he participated in the development of new training for lawyers, following a merger with former legal counsel and was responsible for creating an oral protection of freedoms fundamental review of IEJ to enter a regional training of lawyers, Director of the Training School of Law Societies of jurisdiction of the Court of Appeal of Paris (EFB) from 1991 to 1993, a member of the board of the National School of Magistrates from 1996 to 2000. He also participated in the work of the Mission of Justice Law and Justice, as a member of its Scientific Council, 1 June 2000 to April 30, 2004. He was also director of legal studies at the École normale supérieure (rue d'Ulm), 1 September 2000 to June 30, 2003. In 2003, his career took a shift by more administrative functions of the Academy Rector of the Academy of Guadeloupe of 21 July 2003 to July 20, 2005 and that of Rennes, France (July 2005-July 2006), which does not prevent him from continuing to update his many books. He was thrice a member of the jury of the national aggregation of private law and criminal sciences (in 1984, chaired by Professor Gerard Lyon-Caen, in 1988-1989, under the chairmanship of Dean Yvon Loussouarn; in 2000 -2001, chaired by Professor Jacques Foyer) and chaired the Law Section of the National Council of Private Universities from January 1992 to December 1995, Council he was a member without interruption from 1987 to 1995 and again in 2000. Professor Emeritus of the University of Paris II (University Pantheon-Assas-Paris 2) since June 2007, his colleagues and friends have offered him, May 7, 2010, a book written in his honor.Associations and societies of reflection
Serge Guinchard is a member of several academic associations and learned societies:- Member of the Society of Comparative Law since 1972 and honorary president of the section of procedural law since 2006;
- Member of the Association Henri Capitant of French legal culture, since 1976;
- Member of the Society for the History of the faculties of law and legal science since its inception.
- Member of the Circle of constitutional experts.
Activity of "Jurislator"
Specializing in matters concerning justice and the right of trial, Serge Guinchard has produced numerous reports at the request of international organizations or ministries of Justice (France and to Senegal), reports that were often followed by a translation of legislation:- On behalf of the French Ministry of Justice:
• Chairman of the Commission established 18 January 2008 by the Honourable Minister of Justice (Rachida Dati), the distribution of first instance civil litigation and possible civil diversions (including the issue of transfer to the notaries of divorce by mutual consent) and criminal. Composed of magistrates and representatives of legal professions, academics she had four in addition to its President, Natalie Fricero (Nice), Frédérique Ferrand (Lyon 3) and Xavier Lagarde (Nanterre). Report submitted June 30, 2008 The report contains 65 proposals for reform (civil and criminal justice). At December 22, 2010, twenty-six of its proposals had received a full translation in 15 different texts (laws and decrees). A text is still under discussion in Parliament for the reform of divorce by mutual consent, the abolition of local courts (but the maintenance of local judges), various provisions of the Criminal Procedure (Government bill tabled in National Assembly March 3, 2010, under discussion in Parliament in March 2011) Report to Senate.
• Chairman of the Commission established November 28, 2002 by the Minister of Justice (Dominique Perben), the quality of civil justice. Specifically, animation of the working group on training local judges and lay judges. Submitting a report and a draft decree on the formation of local judges, 31 January 2003. Submitting a report on the training of lay judges in March 2003, published in French Documentation. Commission's work behind the decree No. 2004-836 of 20 August 2004 on the reform of civil procedure.
• Chairman of a working group established by the Minister of Justice (Jacques Toubon) on the reform of the foreclosure, July 1996-June 1997. Pre-reform bill introduced in November 2005 to the Council of State, became Ordinance No. 2001-461 of 21 April 2006.
- On behalf of the Senegalese Ministry of Justice, Co-editor of the draft law on commercial companies and the draft Code of societies, became the fourth part of the Code of Obligations, after its adoption by the Senegalese National Assembly.
- On behalf of the Council of Europe, expert to assess the judicial system of Armenia and the Armenian criminal procedure, for joining the Council of Europe and the European Convention on Human Rights and Fundamental Freedoms: expert mission in Yerevan (Armenia ), of 4 to 6 September 1996; synthesis report in 1997. Accession of Armenia to the Council of Europe in 2001.
- On behalf of NATO: synthesis Report, in October 1974 on a research project onconsumer protection under French law and Canadian law, following a research grant from that organization in 1973-1974 (stay at Laval University in July 1973 at the University of Montreal in Montreal in September 1974).
Management of books and collections
This scientific activity concerns both the management of collections, collections management and direction of their participation in journals with peer review or editorial.Direction of collective works
1. Director of the Encyclopedia of Civil Procedure, publisher Dalloz, since 1 January 1992.2. Co-director, since 1987 (with Thierry Debard since 2010) glossary of legal terms created in 1970, publisher Dalloz (19th edition, June 2011).
3. Design and direction of the book Law and Practice of Civil Procedure, publisher Dalloz, Collection Dalloz-Action (7th edition, June 2011).
4. Co-design and co-director (with Tony Moussa) Structure Law and practice of enforcement, Dalloz editor, collection Dalloz-Action (7th edition, September 2011).
5. Design and direction of the work of preparing the general oral examination for entry into a regional center training of lawyers "The great oral: protection of Rights and Freedoms Fundamental”, publisher Lextenso / Gazette du Palais, annual edition, May 2011.
Branch collection
1. Co-design and co-director from the collection "Hypercours" (lectures and tutorials, with professor D. Chagnollaud), Dalloz editor, from 1 January 1999. For the serie "Private Law", 18 volumes.2. Founder and Director, effective June 1994, the collection “How to become a lawyer?” publisher Lextenso / Gazette du Palais, collection "Judicial Careers." The collection includes three types of work:
- A volume on the conditions of access to the profession, written by Serge Guinchard: 1st ed., June 1994, 7th ed. January 2010;
- A volume of preparedness briefing note, prepared by Mrs Caroline Watine-Drouin (annual, January 2011);
- A large volume of oral preparation of entrance examination in a Regional Vocational Training Centre lawyers "The great oral: protection of fundamental rights and freedoms", annual, May 2011.
Management journals and editorial boards
Serge Guinchard has been the source of several journals and serves on several editorial boards. He is Chairman of the reading committee and the board of the journal Law and Procedures of Judicial Review(Editions legal and technical editor), co-founder and co-editor of the French review Justices, Dalloz ed., June 1995-December 1998, then editor of the French law review Justice, New Series, January 2000-June 2001. Finally, still with the same publisher, he is co-founder and co-director of General review procedures, January 1998-December 1999.Comparative law
Recognizing the importance of comparative law studies for training lawyers, Serge Guinchard was first studied himself, before doing so by his students study and released, also in his works (the list just given), in magazines he created. Thus, from his second doctoral degree (Master 2 of Criminal Sciences) in 1970, he devoted his memory to the study of false advertising under French and Swiss federal law, memorial to be crowned with a prize the French Center of Comparative Law and held by professors Levasseur and Stefani. The same year he joined the Society of Comparative Legislation and went to study at QuebecQuebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
the university system in this country, with the “Office franco-québécois for Youth”. Two years later, he returned for a search mission of NATO on consumer protection in Canadian law (living in Laval University in Quebec City and University of Montreal in Montreal), his mission ended in 1974. After his Ph.D. in 1974 and its aggregation of private law in 1975, it joined the Association Henri Capitant of French legal culture(which development of contacts with the world) and returns immediately to the right compared by investing in the law of the country where he teaches, Senegal, from 1976 to 1980. Back in France (1 September 1981), he focused his administrative action as the dean of the Faculty of Law of Lyon (1982–1988), the development of trade with European and American universities and in this regard, he prospected in the U.S. universities (Boston University, Chappel Hill, Georgetown, Minneapolis and St. Louis, Missouri) and it creates with the University of Minnoseta in Minneapolis a summer school in Lyon, Faculty of law in this city in 1984 and supports the Institute of Comparative Law Edouard Lambert created by giving the name of its founder. Elected by his colleagues at the University Paris 2, it creates the master 2 Justice and Law trial, in which he provided a seminar for foreign law for the arrival of a visiting professor from another jurisdiction (Germany, Belgium, Canada, Israel, etc.). and performs many tasks of teaching or conferences abroad.When in 1995 he founded the law review Justice, published by Dalloz, he took the initiative to include a section on the justices of the world including Europe. A few years later (in 2000) will be the same for the review Law and procedures (review of judicial officers) where he headed the scientific committee, then the peer. He directs his students to the theory of comparative law, two of which become aggregated private law with a dissertation on comparative law and two other lecturers to Paris 2 and Athens (Greece). He participated in discussions of comparative law and carry the word abroad about the French experience, including training. Finally, he introduced the Processual law / Human rights trial, glimpses of foreign law,written by leading experts in these matters.
Human rights
From the beginning of his doctoral studies in 1969, Serge Guinchard became interested in other fields than law and justice of the trial, an area that has nevertheless established its field favorite research for over thirty years. Consumer protection and civil law and have more particularly attracted his attention. The common point of his research is the interdisciplinary approach of a law in perpetual motion, like the society it is both a reflection and reference, with an openness to other disciplines such as philosophy, sociology and the economy to other cultures and by a humanistic law. The outspokenness of some of his writings, sometimes caustic and ironic and content, including Justice: Status of sitting judges, members of the prosecution and judges, state responsibility for failures of public service Justice), the tests often turn into real doctrinal and in his books and articles, beyond the summaries they do, it bears serious pronouncements sometimes controversial, some of which became law positive, some do not, or even his harsh criticism of how the law has long been made to the Court of Cassation, the French supreme court, or contribution to the debate on the membership of judges to the Freemasonry, as well as his column is regularly updated at the encyclopedia Dalloz of Civil Procedure at the liabilities incurred due to malfunctions of the public service of justice, or finally, his study of the action of certains Judges whose activity could constitute a threat to justice human rights and its contribution on the theme of the removal of judges, to a collective work. Serge Guinchard is a lawyer engaged in defending human rights and fundamental freedoms, through his writings, but also by his action in the formation of the Committee of Bar Council in 1992 to incorporate a test for the protection of fundamental rights and freedoms in entrance examination in a regional center of professional training of lawyers, which he gave the test program elements to the Minister of Education to publish it in a circular form, then in decree, on behalf of the Association of Directors of the Judicial Studies Institute (IEJ) he was chairman at that time. In his writings he insists on finding the effectiveness of rights as it emerges from the jurisprudence of the European Court of Human Rights or, more recently, that of Constitutional Council on priority issues of constitutionality, for ensure the rights guaranteed by compliance with the rules of fair trial, particularly in the area of criminal procedure, jurisprudence, Serge Guinchard analysis in his works.Consumer protection
Serge Guinchard proposed, in 1970, in a thesis for obtaining his second master 2 (Science criminal) and published in 1971, a series of reforms for the purpose of improve consumer protection by transcending traditional divisions of law in which he sees an obstacle to the emergence of a genuine economic law, including: the ability to give consumers the benefit of legal actions traditionally reserved for economic agents in competition law to stop illegal practices, the right to pursue collective action in defense of their combined interests affected, the latter proposal made him one recognized experts in a french class action, as evidenced by the application to expose its mechanism to the joint working group "Bercy-Vendome" held in 2005 at the initiative of French President of the Republic whose report inspired the bill passed by the Council of Ministers, November 8, 2006, the proposal of the socialist group recorded the Senate April 25, 2006 and the report of the Commission's information on the laws of the Senate "the group action in the French law: the complete protection of consumers". He was also interested in issues of misleading advertising, the right of legal action for consumer associations. Abroad, Article 138a, § 2 of the Belgian judicial code (in the wording of the Act of December 3, 2006) follows this reflection. This field of research in law of unfair competition and consumer law will never be abandoned by Serge Guinchard who even published a contribution to the principle of loyalty, both in competition law and civil procedure, thus connecting between substantive law and procedural law.Civil law and Muslim law
Civilian training, Serge Guinchard wrote, in his first edition in 1970, half of the definitions of Civil Law Glossary legal terms, which he co-directs and has devoted his doctoral thesis in law (defended in June 1974)The allocation of property in French private law: testing a general theory. From the etymology of the verb "affect", he showed that the prefix ad to classify into two main categories in the assumptions which goods are assigned to a particular purpose: those for which a single direction, a direction is given to the property (and the allocation of premises to commercial use) and those in which the allocation is higher, by the creation of a genuine link between two goods (such as easements or common parts of a condominium that are related to the units). Their regime is moving around rules common to both categories of employment and rules specific to each of them because of the variability in the intensity of the assignment. The work of Serge Guinchard on Heritage Trust have inspired the legislature to adopt the TrustTrust
Trust may refer to:* Trust , reliance on another person or entity-Business and legal:* Trust law, an arrangement in which property is managed by one person or entity for the benefit of another...
into French law Article 2011 and the status of individual entrepreneur limited, in which heritage institutions, separate from the personal assets of the Trustee or the individual entrepreneur, is assigned to a specific purpose in the deed of trust or in the founding of the proprietorship, the assets and liabilities transferred under the transaction mentioned in section 2011 of the Civil Code or the occupation of the individual entrepreneur referred to in Article L. 526-6 of the Commercial Code, form a heritage station. Serge Guinchard developed in his thesis the idea of splitting the assets, a "fighter" engaged in professional activity, the other "security", assigned to the preservation of family interests and it is this idea found in the aforementioned law of 15 June 2010 on the EIRL.
To Senegal
Senegal
Senegal , officially the Republic of Senegal , is a country in western Africa. It owes its name to the Sénégal River that borders it to the east and north...
, where he was seconded as a professor at the Faculty of Law of Dakar from January 1976 to September 1980, Serge Guinchard contributed one hand, to disseminate knowledge of law Senegalese family, in his personal and financial aspects (including Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
of estates), and, secondly, to reform the company law of this State. As regards the right of the family, he published numerous articles and case comments, emphasizing the conflict between tradition and modernity in post-colonial society in this particular field. Above all, he published the first book addressing the legal status of Muslim in this country estates. In direct contact with the High judicial and political authorities of the country, he practiced what might be called a "judiciary to influence" the passage of customary law in civil law codifications based on the post-colonial as well as reflected the assumption by the Senegalese courts solutions he advocated, particularly in the application of customs in time Serer
Serer people
The Serer people along with the Jola people are acknowledged to be the oldest inhabitants of The Senegambia....
and Ouoloff Islamized on devolution matrilineal herds of cattle and about the coordination in the last quarter of the twentieth century, inheritance of two statutes as diverse as those from the civil law (largely taken from French law) and Islamic law from, in a country with strong traditions and customary Islamized where Islam is the religion of almost the entire population. Regarding company law, Serge Guinchard participated in the preparation of the draft Code of civil and commercial companies of Senegal, became the fourth part of the Code of Obligations, after its adoption by Senegal's National Assembly, he advocated that Senegalese law incorporates the French model of corporate law, but also the Anglo-Saxon, in the hope of attracting investors tradition of common law. In both areas, he always taught these disciplines, along with teaching insurance law and its research activities and "jurislator".
Justice and law trial
On this field, an author, Bertrand Lissarague, called it a "lord of the proceedings" in the liber amicorum that were offered in May 2007. These two themes are now over thirty years, the field of research favored by Serge Guinchard. His approach consisted of first, conventionally, from the study (technical) of Justice and its institutions, Civil Procedure and execution means. But his willingness to explore new horizons that French civil law and the civil law took him very quickly, to go beyond: it not only explored the other traditional litigation (criminal and administrative procedures with the publication, mentioned earlier, in February 2000 of a book of Criminal Procedure (in collaboration with Jacques Buisson), but mainly it globalize the study of law and justice of the trial, in that it comes out of its procedural law ghetto technique to show that it is attractive to guarantee fundamental rights and that it is itself the guarantee of the rights guaranteed through the notion of a fair trial. In this regard, Serge Guinchard studied a right of trial humanist, beyond the procedural technique, based on human rights. It deepened the study of law to a fair trial, including its precise Dalloz processual law, fundamental rights of the trial and saw the procedural law of the law guaranteeing the rights procedural citizens, in terms of the European Convention on Human Rights and the French Constitution.The globalization of the right of trial
Globalization means the right of trial here, as has been said, the willingness of law out of its ghetto procedural technique to show that it is attractive to guarantee fundamental rights and that itself is the guarantee of the rights guaranteed through the notion of a fair trial. This globalization is illustrated by the four developments to which it gave rise:- Globalization as meaning the first law of the trial is viewed and practiced in all its technical dimensions, regardless of the type of litigation. Author or co-author of four books of Civil Procedure and enforcement procedures and a book of Criminal Procedure, all still reprinted, some each years: and two codes of civil procedure, one annotated 1986 to 1996, another commented, in 1999 and 2001. He also practiced all financial and administrative litigation (Regional Chambers of Accounts and Audit Court) when he was in charge of legal and judicial affairs for Mayor of Lyon and the urban community of this town, as that assistant vice-president of both communities (the litigation was within its two delegations of functions).
- Globalization even in the sense that before or alongside the trial, we found alternative dispute resolution (Alternative dispute resolution or ADR) and arbitration, which are the subject of significant developments in the works of Serge Guinchard of judicial institutions and civil procedure, and has integrated, in October 1991, he created the curriculum for University Panthéon-Assas (Paris 2), as a graduate diploma (today master 2 professional) in litigation and arbitration, alternative dispute resolution. Serge Guinchard insisted, in 1996, during a conference in Nice on 30 and 31 October 1996, on the importance taken by these means in the regulation of conflicts, but also their proceduralisation by the rules of fair trial. Ten years later, he advocated the extension of alternative dispute resolution in the report of the commission he chaired in 2008 on the reorganization of litigation and diversion, following the filing of this report conciliation and mediation have been reinforced by decrees n° 2010-1165, 1 October 2010 and n° 2010-1395, 12 November 2010 who returned the all of its proposals, in addition, Law n° 2010-1609 of 22 December 2010 introduced into French law a participatory process of negotiation assisted by counsel, the same one that Serge Guinchard had recommended in its proposal n° 47.
- Globalization, third, the exploration of social sciences other than strictly legal: anthropology, history, sociology, philosophy, literature, economics of justice., etc.., not to mention the contributions of foreign rights. Thus, Serge Guinchard created in October 1995 in conjunction with the founding of the review Justice, Dalloz ed., a postgraduate diploma (DEA, today master 2 search) Justice and the Law trial at the university Pantheon-Assas (Paris 2), curriculum in which the study of procedural law is no longer to compare the three major administrative litigation , civil and punitive, but to transcend all disputes, including those of disciplinary bodies and regulatory authorities, under the light of other social sciences and drawing on international instruments protecting human rights and comparative law (a seminar was devoted to "Justices of the World" and entrusted to foreign lawyers: Shlomo Levin, vice president of the Israeli Supreme Court, Michel Bastarache, Judge at the Supreme Court of Canada, Jacques Van Compernolle, Professor at the University of Louvain-la-Neuve, etc.). Seminars legal anthropology, sociology of justice, philosophy of law the trial, history and economy of justice, Justice in the literature of the great French and foreign classics, even in film, staked the diploma program.
- Globalization, Fourth, it is to anchor the study of law and justice trial in fundamental rights. In his book Proessual law/Human rights tria, Serge Guinchard designs procedural law (unlike Henry Visioz Henri Motulsky and some contemporary writers), not as a comparison of litigation in the immutable purity of their technical rules, but as the law tries to forge a link between everyone from common rules, which is found exposed in particular the jurisprudence of the Committee of Human Rights of the UN (on the basis of Article 14 of International Covenant on Civil and Political Rights), the European Court of Human Rights (from Article 6 of the European Convention on Human Rights and Fundamental Freedoms) and the Constitutional Council (whose jurisprudence is increasingly important with the priority issue of constitutionality). And this link for more than 800 million Europeans under the Council of Europe. Serge Guinchard has become, through his writings, one of the leading specialists of the Covenant in New York Covenant on Civil and Political Rights of 19 December 1966 of the European Convention on Human Rights of the constitutional law and especially the fair trial guarantees which are derived from these texts and jurisprudence and is likely to him that we must, both written, the changing face of procedural law, the transition from procedural legalism to humanism procedural.
From procedural legalism to humanism processual
In the writings of Serge Guinchard, processual law is no longer the law that reflect their procedural discipline by scrutinizing their procedural aspects of a purely technical, but the right of those interested in the common sources of inspiration for all litigation, their foundations, principles of natural law that are necessary in the conduct of all trials. This doctrine, that Serge Guinchard colleagues have termed "humanism processual" in the title of the book they gave him in May 2010, is playing an increasing role in construction, day to day warranty the guarantee of rights. It helps to bring out key principles that the contours of the procedural democracy of tomorrow.a) Serge Guinchard tried to highlight what he called the triptych's right to a fair trial in his writings above, including the book Dalloz processual law: the right to a judge, including the effectiveness of this right by the removal of all barriers to financial and legal, the right to a good judge, with institutional guarantees: unity or duality of the courts; unit or collegiate courts, a higher court, independence and impartiality of the judge; secular courts, a language understood by litigants, and also by procedural guarantees, with a public procedure, fast and equitable within the meaning of the requirement of reasoned decision, the principles of equality of arms and the principle of contradiction, the right to carry out the judge's decision.
b) Serge Guinchard has advanced the idea as early as 1999, that three structuring principles are emerging behind the guidelines currently being held in each type of litigation, the principles that meet new needs, as expressed by litigants and citizens.
-Needof confidence in the institution of justice and respect for others, where a principle (structuring) of loyalty, particularly in the search for evidence;
-A need tolisten to the Other, whether the parties or the judge or of others, where a principle (structuring) of dialogue between parties and between them and J.;
-A need for closenesslast, but not necessarily in space, time taken to traverse a distance a substitute for geographical proximity, resulting in principle, also structuring, speed.
These are the guiding principles of tomorrow, emerging principles, which means they are not yet accepted by all. They structure all litigation and should be "put in letters of gold pediments courthouse". They reflect the advent of a procedural democracy.
c) Finally, Serge Guinchard has yet tried to show that we have entered a new era of exceeding pure technical procedural issues, not because they would become useless, but because they need to be revisited the light of globalization (which induces an attraction of civil procedure to guarantee fundamental rights) and in the light of a model law of the trial (the rules of fair trial are now the model of a right joint trial). Simple technique of organizing civil lawsuit (as the company is a technical organization of the company, among others), the procedure has become an instrument for measuring the effectiveness of democracy in our country As the European Court of Human Rights is closely monitoring.
Works regularly updated (10)
• Civil procedure (national law and law of the European Union), the centenary of the book, 30th ed. Dalloz, sept. 2010 (with Cecile Chainais and Frédérique Ferrand). The 25th edition of the book has been translated into Chinese, ca to § next.• Civil procedure, collection Hypercours, 1st ed. Dalloz ed., sept. 2009 (with Cecile Chainais and Frédérique Ferrand).
• Judicial institutions, 10th ed. Dalloz, sept. 2009. 5th edition of the book (1999) was translated into Chinese, see the next §.
• Action-Dalloz Civil Procedure, 6th ed. Dalloz ed., march 2009 (towards a collective work).
• Action-Dalloz enforcement, 6th ed. Dalloz, nov. 2009 (co-directed with Tony Moussa).
• Criminal Procedure, 6th edition, Litec, Sept. 2010 (with Jacques Buisson). Annual edition in September.
• Procedure law - Fundamental Rights of the trial, 6th ed. Dalloz, jan 2011, 1401 pages (collaboration).
• Glossary of legal terms Dalloz, 18th ed. Dalloz, June 2010. Book translated into Spanish, Japanese and Portuguese, v. the next §. Annual edition in June.
• How to become a lawyer, 7th ed., jan. 2010, Lextenso/Gazette du Palais ed.
• Preparing the general oral examination for entry into a training center law, 6th ed., May 2011, Lextenso/Gazette du Palais ed., annual edition in may.
Works translated into chinese, spanish, japanese and portuguese languages
1.Lexique legal terms:• Spanish for South America; translation of the fourth edition of 1978, editions Temis, Bogota (Colombia), 1986: "Diccionario legal";
• Japanese language translation from the 9th edition (1993), Tokyo, 1996; translation of the 11th edition (1998), Tokyo, 2002, by a team of Japanese lawyers led by Professor Koichi Nakamura;
• Portuguese, 2001.
2. Judicial institutions: Chinese translation of the 5th edition (1999), Press of China University, 2000.
3. Civil Procedure: Chinese translation of the 25th edition (1999), University Press of China, 2002, Mr. LUO Jiezhen, under the title (in Pinyin) "Faguo Minsh Susongfa yaoi.
Works not reprinted
• False advertising under French and Swiss Federal Law, Comparative study of autonomy in civil and criminal, tort economic, June 1971, LGDJ ed., biblio. Criminal Sciences, t. 13, 287 pages, foreword Albert Chavanne.• The allocation of property in French private law, testing a general theory: thesis for the doctorate in law defended in June 1974 at the Université Jean Moulin-Lyon III, published in janv.1976, LGDJ ed., biblio. private law, t. 145, preface Roger Nerson, 429 pages. Reviewed by Roger Nerson, in Annals of the Faculty of Law, Université Jean Moulin (Lyon 3), 1974/2, page 229.
• Law of family property in Senegal (marriage, inheritance and gifts in Muslim law and civil law), published by Nouvelles Editions Africaines and LGDJ, biblio. African and Madagascar Law, t. 32, Paris, Dakar and Abidjan, December 1979 and jan. 1980, 669 pages.
• Annotated Code of Civil Procedure: Litec ed. November 1986 (first edition dated 1986- 1987) to December 1997 (11th edition dated 1997-1998).
• Law via the Internet: LGDJ ed., 1st ed., February 1999, 2nd ed., jan 2001.
• MegaCode commented Civil Procedure: Dalloz ed., 1st ed., May 1999 (1962 pages), 2nd ed., May 2001 (2183 pages).
• Practice of Insurance including: people and goods, collectibles Juriscompact, Litec ed., October 2003, 941 pages.
Ph.D. committees and empowerment to direct research
In total, at December 31, 2010, 70 participations thesis committees in three forms: direction followed by a PhD thesis, participation in juries of theses and participation in juries authorization to conduct research.Training
Serge Guinchard virtually all legal disciplines taught in initial training or continuing:In Senegal: Muslim personal status law and civil law (individuals, families, matrimonial property, gifts and inheritances); obligations and special contracts, the contract insurance, commercial law and company law.
In France: procedural law / common law trial, the trial rights; civil and criminal proceedings;
judicial institutions; enforcement. Business law (acts of commerce, merchants, businesses, corporate bankruptcy settlement of business difficulties, credit instrument and instruments financial). Insurance law (contract, property insurance, personal insurance, automobile insurance; assurance procedure; marine insurance). Competition law and consumer. Civil Law (Introduction to Law, family and people, bonds, special contracts, liens, marriage, gifts and estates). Criminal law in general and special. Labor Law, Social Security. He also directed 2001 to 2003 the Centre for Continuing Education of the University of Paris 2, thus demonstrating its interest in training issues.
Pedagogy
Serge Guinchard took an early interest in the teaching provided in the Faculties of Law. By 1970, he participated in a training session given to teaching assistants from the University Lyon 2 through the center of Montrouge. In 1971, he went to Quebec, as part of a study tour of the Franco-Quebec Youth, reserved assistants Lyon 1 and University Lyon 2 (Lyon 3 does not exist yet) to study the Québec education system in higher education including the teaching offered in Québec universities (Laval, Quebec, Montreal Montreal, Quebec in Montreal, Sherbrooke). Subsequently, he places pedagogy at the heart of her teaching duties, including going beyond the strict study of the legal rule to enlighten other disciplines (legal sociology, philosophy, etc..) or by examples from the literature or cinema. They appear in his major works for students who are full of film references, or from the literature. The educational purposes of theGlossary of legal terms(see list of publications), which is co-director, the editor responsible for half of the definitions of civil and, as director, the supervisor of all definitions of private law at the time of each annual edition now, illustrates the desire to provide students with strong educational tools. Similarly, he wrote in the book he leads, preparing the general oral examination of Institutes of judicial studies (IEJ) to enter a vocational training center to counsel, the preliminary chapter on "tips" for preparation of this great oral, there are six pages of explanatory guidance to students from his experience teaching for ten years as Director of the Institute of Judicial Studies University Panthéon-Assas (Paris 2), including advice to propose a plan on which the jury may be guided: the plan, the surf of the ocean in South Australia, particularly in Torquay in Victoria, the Basque country or in Hawaii and on which you will "surf" and the jury with you '. The opportunity given to it in 1991 to develop new teaching methods in the vocational training center of Paris Bar (now EFB = Training School of the bars the jurisdictions of the Court of Appeal of Paris), responsible for setting up the education of students of the Centre after the merger of the legal profession with the legal advice he described his main innovations: pedagogy favored active learning techniques (preparation of records, case studies ...) and individual participation Students without evading the ethical aspects. Nothing has been left to chance, everything has been designed with the needs of the legal profession, its requirements in recruiting colleagues for the development of which the profession agrees to provide significant financial investment. To characterize these methods of a trait, say (I had never revealed until now) that they have inspired so many methods used in radio plays, as the parking management in the center of major cities and medical practices infusion! Hence a series of small workshops (short radio inspired games and succeed at an accelerated rate), the creation of the famous Overrun (based management, in car parks public, subscribers and users schedules, called "tilting") and the provision of the best lecturers, both in law and in the judiciary. We will add additional training specific to the Centre, but in conjunction with the University and learning the art of oratory with theater actors. This passion for training, including lawyers, will become a real expertise that will lead Serge Guinchard to be invited to present his thoughts in an Italian magazine and Japan. Another aspect of this interest Serge Guinchard for teaching is his involvement in the collection of books called "Hypercours" in Dalloz collection he co-directs with Professor Dominique Chagnollaud (see § devoted to the activities management of collections or journals). Founded in 1999, this collection is resolutely innovative in its approach to legal education by providing students with learning materials appended to each chapter containing an account of positive law, each author of the collection must be followed without fail The charter drafted by the editorial house Dalloz with two co-directors: these parts must include an educational chapter summary (the "memo"), definitions of new words and phrases introduced in the chapter (the "quid") educational materials, a selected bibliography and possibly commentary, a "quiz", i.e. a test of knowledge and / or comprehension test, a subject corrected (case comment, text of legislation, essays, etc. .) supporting tables. Serge Guinchard was himself involved in this teaching by writing the volumeof Civil Procedure(with two of his former students, cf. The list of his publications), which illustrates the methodology.Political Activities
Deputy Mayor of Lyon on two terms from 1983 to 1995. Vice-President of the Urban Community of Lyon from 1989 to 1995.Key actions within the municipal mandate
Elected Councillor and Borough Councillor Lyon in the seventh arrondissement of Lyon, in March 1983. Elected Deputy Mayor of Lyon, in charge of the Municipal Police, Administrative Police (relationships with merchants) and prevention of delinquency. Key actions undertaken during this mandate:a) Under the Prevention of Delinquency: establishment of a support system for elderly and disabled people in financial institutions (banks, savings and post offices), creating a system to protect high-risk businesses (jewelers, furriers, etc. ..) by connecting to a remote monitoring network, improving the security of public car parks, improving safety in swimming pools and skating rinks, creating a network of remote alarm which all could relate Lyon, creation of 20 posts so-called "community service" in the Lyon City Hall, to accommodate offenders on proposals from the courts ; installation of conscripts in public housing, creation and animation of a municipal commission of crime prevention in conjunction with the social partners, the judiciary and police participation in the facility in July 1983 and Matignon the work of the National Crime Prevention; monthly meeting with the Prefect of Police of the Rhone and the Departmental Director of urban policies for better coordination of municipal and state in the prevention of delinquency, developing and publishing a white paper on crime Lyon.
b) Under the Municipal Police: reform of paid street parking, improving the rotation of cars parked in the central business, establishing parking on rotating land provisionally free; laying humps outside schools; protection against sidewalk parking by installing anarchy of studs and stakes of quality control program of the lamps reorganization of the municipal pound with increased possibility of intervention for the benefit of Lyon can not leave their car in their garage privatization of impounded animals; privatization of wreck removal; establishment of mobile teams of municipal police officers specially assigned to double parking, improvement of equipment for police municipal building and municipal police stations in the boroughs of network development with a transit authorization policy against bus lanes to make sense of movement and double lanes reorganization and Chair of the Disciplinary Board of taxi drivers ; renovation of the entrance examination to the occupation of taxi drivers, creation of bicycle lanes in lanes protected.
c) under the administrative police: fixing objective rules and permanent clearance sales, liquidations and clearance; better understanding of these legal events, developing a regulatory pedestrian areas strict regulations permissions late opening of pubs and other nightspots.
Activities under the mandate of agglomeration
Elected Councillor for Urban Community of Lyon from 1983 to 1989. Participation in commissions and road transport. Member of the Board of Directors of the mixed enterprise company Lyon Parc Auto.At the heart of Lyon and urban policy
Responsibilities include, during this period, financial and investment planning, works and services of general resources, legal and insurance, vice president of the Urban Community of Lyon (monitoring of major contracts and delegated management , control of internal and external management, litigation and insurance), president of the private-public enterprise company Lyon Parc Auto (see below the next §), director of the civil hospitals of Lyon and Sytral (body organizing transport in Lyon), he participated in the policy of urban renewal Mayor Michel Noir, between 1989 and 1995, he was the closest collaborator, as expressed by an observer from the period 1989-1995: Michel Noir was surrounded by four aces, two brains are old companions, Henry Chabert and Serge Guinchard; the second, polished aggregate of Law, former Deputy Collomb. According to Philippe Valode in his book just quoted,"the new mayor (elected in March 1989) has four key ideas provide the agglomeration of structural facilities, develop the quality of education, starting by the younger, strengthen solidarity between the people of Lyon, the most poorly housed mothers of large families, transforming their city into a dark city where beauty triumphs. Thus the deepening of underground parking (see below) the development of green spaces and places, especially the construction and renovation of the HLM, the lighting, the development of universities in Lyon, the child in the city plan, multiplying the nursery and primary schools, the last true launch of the International City project decided by the municipality earlier, contribute to these goals. In this package, plus several initiatives in the cultural field, with the birth of a renovated opera under the pencil Jean Nouvel and the opening of the History Museum of the Resistance and Deportation, not to mention the rehabilitation of the Conservatory of Music and the transformation of the theater district in the eighth house dance ". Philippe Valode considers Serge Guinchard by the functions it performs then (Finance and Works) will be the main architect of the implementation of this program. Thus, Philip Valode he continues his presentation of this period the city of Lyon:Michel Noir led the galloping change, under the supervision of highly qualified financial assistant, Serge Guinchard. A total of six years from April 1989 to June 1995, investment in the urban area can be estimated at four billion francs. The money is primarily used for digging underground car park, mostly in downtown ... As policy to beautify the city, it is expressed through the illumination of monuments and bridges of Lyon, but also by the new alignment places Lyons.At the City of Lyon
Re-elected Councillor and Borough Councillor Lyon in the seventh arrondissement of Lyon, March 19, 1989. Elected Second Deputy Mayor of Lyon (Michel Noir), responsible for finance, investment planning, work and generals. In this respect: the development and monitoring of the budget of the city of Lyon, determination of policy investment programming; equipment plans 1991-1993 and 1994-1995 (priority to child care, housing, parks and public; organization work in the city of Lyon: the rehabilitation of markets after the opera overhaul the record; launch a loan of one billion francs (in 1989), with the assistance of the National Credit by tender and competition between major French banks and foreign negotiating the renewal of concessions, EDF [electtricity company of France]/GDF [gaz company of France], negotiating the transfer of certain cultural facilities in the department; launch of audit procedures: Fund schools, Centre for social action; football club of Lyon; renewal of insurance contracts from the city of Lyon tender procedure following an audit, monitoring the litigation of the City of Lyon.In para-municipal
Chairman of the private-public enterprise company Lyon Parc Auto. As such development and implementation of a program of construction of 8000 parking spaces in 6 years (see the next §). Administrator of the transit union of Lyons (SYTRAL). Participation in the launch of the Metro Lyons, line D, fully automated. Administrator Hospices Civils de Lyon and Hôpital Edouard Herriot. Administrator (SERL private-public development company in the region of Lyon). Director of Crédit Municipal de Lyon (as such audit of the finances of the organization and reorganization of the banking business). Director of the mixed enterprise company ICARE (computer equipment private-public company). Founding director of SEM Semifal land, who conducts a policy of land reserves. Member of the Lyon Urban Region, Association of consultation on the development of the urban area of Lyon, beyond departmental boundaries.At the Urban Community of Lyon
Reelected advisor to the Urban Community of Lyon. Elected second vice-president of the Metropolitan in charge of management control, corporate control of mixed economy and delegated management, negotiation and monitoring of major contracts (sanitation, heating, water, incineration, cleaning, etc. ..), and general resources services. In this capacity: establishment of a system of internal management controls in the Urban Community and the external delegated management (including concession) and private-public companies. Negotiation of major contracts: Subway as MAGGALY (GTM/Matra); Cofreth (incineration); north peripheral highway (with Bouygues company); Sytral operating contract (union of public transport in Lyon); insurance Urban Community; City international market of national interest at Mions-Corbas. Quinquennial review of concession contracts: letting water (Compagnie Generale des Eaux, French company of water); sanitation cleanliness display; heating (Prodith company); market-station (Cibévial company); negotiation of BIA school facilities and ZUP. Mounting the carry trade financial land transactions through the creation of a private-public society for land (the Semifal); Concessioning cemeteries.Other Responsibilities
Member of Board of High School "Lycée du Parc" in Lyons; association management "Halle Tony Garnier"; the Association of Festivals, the association's convention center, the association of business incubators.Chairman Lyon-Auto Park (1989-1995) - His policy of Contemporary Art in public car parks
Between 1989 and 1995, the city of Lyon began the construction of 8,000 parking spaces downtown, through the company Lyon-Parc-Auto, including Serge Guinchard was president at the same time. Under his leadership, a true cultural policy was implemented to incorporate works of art in these car parks, to organize a museum and an original rating. Georges Verney-Carron recounts the role of Serge Guinchard in this operation: the history of parks in Lyon has been an upheaval in 1990 following a challenge by Serge Guinchard. Everything in life begins with Yes. Yes the acceptance, openness, dynamics. Yes the command. And Serge Guinchard, we must pay tribute to him, said yes to contemporary. Do not forget that art would not exist without order, without public clients or private feel it necessary to give meaning by appealing to artists. What started it all, these are the first drawings of Jean-Michel Wilmotte for the Celestins Park. Serge Guinchard was stunned by their quality. It was the first time a car was referring to the context - in this case an italian theater. We have therefore relied on the creation, integrated designer, Yan Pennor's for the graphic identity and signage Lyon Parc Auto and contemporary artists associated with the design teams. In the same book, François Gindre said that "it was during a dinner that Georges Verney-Carron convinced Serge Guinchard, eminent jurist, exceptional brain, quite atypical, but which does was not really a culture in contemporary art, that artists alone are not sufficient to change the image of parks and they had to design not as warehouses, but as public spaces in its own right. Basically, the order after dinner was up multidisciplinary teams architects-artists-designers to create a new generation of parks ". From the observation of Serge Guinchard during this dinner that almost all the proposed future parking were placed in front of a monument in Lyon (see the museum and the Saint-Pierre Hotel de Ville) or on a cultural site (see the place of Celestins) or history (see the old school health Lyon) and his request that we be creative and we're trying to leverage this fact arose the proposal of Mr. Georges Verney-Carron mount a triple operation art:- First, systematic integration of an original work of art, a contemporary artist, in every park and in association with the architect from the design of the book and it was agreed that all artists would be selected through competition, without any involvement of elected officials, which was strictly observed;
- Second, the combination of Jean-Michel Vilmotte as "architect of light", for all the parks, the architect selected (by competition) to construct the park;
- Thirdly, was chosen for the sign, Mr. Yann's Pennor it is to him that we owe the yellow and black instead of the traditional red and white, both outside of parks for report, and inside to guide motorists and this color choice has since been copied by other manufacturers to car parks, both in and outside of Lyon, notably in Paris and was made after a survey of motorists Lyon has revealed that these two colors, which are also of Grand Prix Formula 1, mostly in the responses returned. Six parks became the subject of this ambitious policy which was set design by Jean-Michel Wilmotte and signage Yan D. Pennor: Place de la République" (Republic Square) with an artist François Morellet (The fortunes of the Republic); "Place des Terreaux" (Terreaux square), with the New York artist Matt Mullican (Untitled ); "Place des Célestins" (Celestins square) with Daniel Buren (Upside-Below); the park said "Croix-Rousse (Red Cross)", with Michel Verjux (One-level and sub ground); the park in Berthelot avenue, with the young Israeli artist living in Lyon since 1982, Dror Endeweld (unnamed, countless units from January to December and from - 2 to 10; the railway station "La Part-Dieu", with Joseph Kosuth (The Adventures of Odysseus underground). The artistic policy initiated by Serge Guinchard was pursued by the presidents who succeeded him. She has earned the city to get a first international award in Vienna (Austria) in 1995.
Honors
For his books and prior to his studies, Serge Guinchard won the following awards:1) Winner of the Academy of Moral and Political Sciences in 2000, Henri Texier a price for the defense of individual freedom, awards for the work of Criminal Procedure, Litec ed., March 2000, written in collaboration with Jacques Buisson.
2) Winner of the Supreme Council of Notaries of France, 1st Prize Thesis, The allocation of property in private law French, 1974, published in the LGDJ 1976.3).
3) Winner of the National Association of Doctors in Law, 1st prize thesis, 1974.
4) Winner of the Ministry of Education by the awarding of a grant for the publication of the thesis Ph.D.
5) Winner of the Academy of Legislation, 1971, for doctoral dissertation on the false advertising law French and Swiss federal law, the LGDJ published in 1971.
6) Winner of the French Center of Comparative Law, 1st prize, 1971 for the same work.
7) Winner of the General Faculties of Law:
- 1966, 2nd prize of Civil
- 1968, mention of Civil
8) Winner of the Faculty of Law at Lyon:
1965, 1st prize of Civil
1967, 1st prize History of Private Law
1968, 1st prize of Civil
1968, 1st prize of International Private Law
1970, 1st prize for doctoral dissertation
1974, 1st prize at the Ph.D. State Law
9) Scholar Le Figaro, 1966–1967, on criteria of academic excellence.
Decorations
Chevalier (knight) of the order of the Legion of Honour, under the Ministry of National Education. Decree of 30 December 2004, Official Journal, 1 January 2005. Discount 10 May 2005 by Mr. François Fillon, then Minister of National Education, Higher Education and Research).Officer (directly, not via knight) of the Order of Merit (under the Ministry of Justice by order of May 17, 2008, OJ May 18, 2008, p. 8026; badges issued Thursday, March 26, 2008 by Jean-Marie Coulon, First Honorary President Court of Appeal of Paris).
Commander of the order of the Academics Palms (knight, Order of July 21, 1987; officer decree of November 6, 2001; Commander, Order of October 10, 2003).
Various prices
Medal of Honor Paris Bar, delivered by Mr. George Flécheux, president of the Bar of Paris, to mark the departure of Serge Guinchard Management Training Centre of the order of Paris lawyers in September 1993 and the National Chamber of solicitors at the Courts of Appeal, delivered by the presidents Bertrand Lissarrague and Gérard Verdun in June 2004, for the ten years participation in the Forum proceedings, during the annual Days of solicitors. Medal of Honour PrefecturePrefecture
A prefecture is an administrative jurisdiction or subdivision in any of various countries and within some international church structures, and in antiquity a Roman district governed by an appointed prefect.-Antiquity:...
of Guadeloupe, awarded by the Prefect of Guadeloupe, Bernard Girod de Langlade, in September 2005, at the start of Serge Guinchard of the Academy. In 2008 Award of the Association of European Ombudsmen, presented by the barrister Mr Christian Charriere-Bournazel.