Law and order
The law and order is the social state characterized by peace, public safety and safety.
In Administrative law French, the law and order is the ideal social state characterized by the good order, safety, health and public peace . The goal of the administrative Police is to prevent the disorders of them.
In addition, a standard of law and order is a imperative Règle that the parts cannot draw aside.
Disorder with the law and order
See also: Disorder with the law and order
The disorder with the law and order is the significant attack with public peace.
If the concept is obvious when that causes a danger or a restriction of freedoms of the other citizens, it is much fuzzier when it is about a Nuisance with quietude.
It can be a question:
- of a person alone who has acts or moved words (public Ivresse and proclamation, Exhibitionnisme), made noise (diurnal Tapage, Disturbance of the peace at night);
- of collective acts like Demonstration S or riot S.
Law and order normalizesA standard of law and order is a imperative Règle that the parts cannot draw aside and who answers fundamental requirements or paramount interests. For example, in spite of the principle of contractual freedom, the contracts are subject to certain rules that the contractors, even if they are of agreement between them, cannot draw aside. A rule of law and order can be called upon by a judge in the payment of a litigation even if none of the two parts called upon it.
This character of law and order of a Legal provision must be explicitly marked, either by the legislator, or by the judge.
Under article 6 of the Civil code, One cannot derogate, by particular conventions, with the laws which interest the law and order and the moralities .
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