Stop of payment

In Old Right, a stop of payment is a solemn decision made by a sovereign court (Parliament of the Ancien Mode), of general interest, and binding the lower jurisdictions.

In substantive law

France

The French jurisdictions do not have the right to hand down judgments of payment.

Article 5 of the Civil code French lays out: It is defended with the judges to pronounce by way of general provision and lawful on the causes which are subjected to them.

Article 1351 of the Civil code French lays out: The Autorité of the judged thing takes place only with regard to what was the subject of the judgment. It is necessary that the required thing is the same one; that the request is founded on the same cause; that the request between the same parts, and is formed by them and against them of same quality.

It results from these articles that the Jurisprudence should not be a source of the right.

However, the jurisdictions having a broad capacity of interpretation of the law - and even, under the terms of article 4 of the Civil code French, some Praetorian capacity - it happens that legal standards are set by the stops of the Court of appeal, of the Council of State or the Tribunal of the conflicts. That is particularly true in the field of the Administrative law.

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