The book named “Uzbek legal reforms” by Hadrien Kanter has been published. “Uzbek legal reforms” details the visit of the working group in December 2019 to study the French experience in improving the civil legislation of the Republic of Uzbekistan, and comparative analysis of legal reforms.
Why the the choice of a new, codified, general contract law is the right choice for Uzbekistan:
- It allows the legislator to set a standard that finds its source, not in the implicit will of the interested parties but in a set of social, economic, and historical considerations.
- Contract law is therefore an opportunity to offer a base of legal provisions considered as “minimal” and to affirm a specific legal policy.
- In addition, the general contract law allows the parties to save part of the cost of drafting contracts.
How the French Civil Code was reformed :
First phase: from 2004 to 2009
- From an academic to a governmental project: projet Catala and Terré initiative constituted an essential reference to the Civil code reform: 2005
- Comparative, international, and European perspective: 2008
Second phase: 2010-2011
- “Technical” and “ministerial” working groups: A “technical” working group was created, composed of representatives of the business and legal communities (MEDEF, CCIP, FBF, CSN, UFC Que Choisir, Professor Jean-Sébastien Borghetti) as well as a “Ministerial” working group, composed of Parliamentarians (Mrs Karamanli, Mr Béteille, Mr Anziani, Mr Blanc), a professor of law (Philippe Remy) and the Chancellerie team.
Third phase: 2012-2016
A.Towards an Ordonnance? Faced with difficulties in finding a parliamentary outcome for the reform, the Ministry of Justice argued that the reform could be carried out by means of an ordonnance under Article 38 of the Constitution, according to which: “In order to carry out its programme, the Government may ask Parliament for authorization to take measures by ordonnance, for a limited period, that are normally within the sphere of legislation. / Ordonnances are issued by the Conseil des ministres, after seeking the opinion of the Conseil d’État.
Fourth phase: publication of the ordonnance of 10 February 2016
- A new consultation. The Ministry of Justice decided to re-submit the draft reform made public on 25 February 2015, prepared by the Direction des affaires civiles et du sceau following a wide public consultation. This last round of consultation, which was completely open since the draft was made available to the public on the website of the Ministry of Justice, gave rise to numerous observations (more than 3,000 pages of responses were received by the Chancellerie).
- Modification of the 2015 project and Ordonnance. On the basis of these observations, the 2015 draft was amended to become the ordonnance published on 10 February 2016.
Fifth phase: 2016-2018, the ratification of the Ordonnance
- the law of 20 April 2018 certainly ratifies the ordonnance in its Article 1 but it contains fifteen other articles modifying several articles of this ordonnance.
Parliamentary works, an “interpretation guide”. The debates in Parliament during this ratification procedure were very rich – an additional proof of the exceptional nature of this reform. Above all, they allowed Parliament to make certain amendments and to clarify the interpretation of the provisions in order to reveal the intention of the legislator. These debates are particularly valuable, even when they deal with finally unmodified provisions. The second part of this book refers to them each time they are useful for guiding the interpreter of the reform.
Main recommendations related to Contract Law:
- Enhance party autonomy for contractual matters within Uzbek Civil Code. However give to the judicial authority legal grounds to apply imperative norms, and divert from the party’s autonomy due to International/National Public Policy. (Ex: Surrogacy is not allowed in French Laws despite the principle that the contract is the law of the parties.)
- The general rule of ‘’contractual party autonomy’’ should stop as soon as a weaker contractual party is engaged, or that the contractual matter is related to public power prerogatives.
- New innovation within the French civil code: economic violence is a defects in consent, so the contract can be cancelled. (Article 1142 et 1143 of the Civil Code)
- Allow contracts to be written in a foreign language (i.e English, French). However, in the event of a dispute as to its meaning, Uzbek courts may ask for a complete certified translation of the contract. (Ex: Law No. 94-665 of 4 August 1994 on the use of the French language)
- Provide clear definitions for different types of contract (synallagmatic contracts, unilateral contracts, onerous contracts, gratuitous contracts, commutative contracts or aleatory contracts).
- Establish a clear principle of the binding force of the contract, similarly to certain European and international codifications
- Establish the principle of good faith at all stages of the contract (similarly to European and international codifications (PECL, Article 1: 201; DCFR, Article I 1: 102; UNIDROIT PICC; Article 1.7; CCP, Article 0: 301 and 0: 302).
How to apply a new contract law in time?
- The question of entry into force: When a reform is adopted, the courts’ first question is that of the date of its entry intoforce since they can only apply it from that date onwards. Due to “legal certainty” the new code has to expressly mention its exact date of entry into force.
- The principle of non-reatroactivity has to be affirmed: Contracts concluded before the date of entry into force remainsubject to the old law.
- Coherence of the law. Legal certainty is linked to the permanence of the old legislation for all disputes relating to acontract concluded before the entry into force of the new codes.
- It also leads the judge to anticipate the application of the new legislation to ensure a better coherence with the old law. This role (“office”) of the judge could even be encouraged in that it makes it possible to better ensure the transition between the old law and the new one and promotes a better coherence of the law.
Boundaries of the new contract law in the face of the will of the parties
- Establish a principle of a suppletive general contract law (Ex: Article 6 of the French Civil Code and newArticles 1102 and 1103). Hence what is not surely imperative is suppletive.
- Express suppletive character of the text when needed. Indeed, some articles should specify that theyapply unless otherwise provided, as such that their suppletive character is consecrated. (Ex: Article 1216-1, para. 2 (assignment of contract, the assignee is bound, unless otherwise stipulated, jointly and severally to performance of the contract), Article 1324, para. 3, on the assignment of rights arising from obligations (the cost of the assignment is the responsibility of the assignee unless otherwise stipulated).
- Express imperative character when needed. Themandatory nature of a provision is not questioned when one or the other of these precisions appears in it: the provision is a matter “of public policy” (1104, for the duty of good faith), or “mandatory” (1112, for good faith in the negotiations), “the parties may neither limit nor exclude this duty” (1112-1 para. 5, for the duty to inform), the opposed clause “is deemed not written” (Article 1171 on unfair terms or Article 1231-5 on the moderating power of the court for a penalty clause).
- Consider as mandatory/imperative, only those provisions which:
- Include an express mention of their imperative character;
- Require the respect of public policy rules or deem certain contractual terms not written for they would otherwise have no real effect. For example Article 1179 from the French Civil Code, which defines absolute nullity as applicable where the “rule that is violated has as its object the safeguard of the public interest”, may be used as a basis for assessing the mandatory nature of a provision: is it necessary to safeguard the public interest? To the contrary, the rule will be considered suppletive if it was conceived simply as a model offered to the parties, which is only an option proposed, without the legislator having intended to impose it on the parties;
- From which it is clear, based on their wording, that they cannot be excluded or for which it is not possible to conceive that the parties exclude them. (Ex: Article 1171: the first paragraph of which deems any term of a standard-form contract “which creates a significant imbalance in the rights and obligations of the parties to the contract” )
The articulation between the general law of contracts and special regimes for specific contracts:
Two methods of conflict resolution are traditionally proposed: the principle of primacy of the special rule and the system of the option.
- The principle of primacy of the special rule. Theprinciple of primacy of special law results from the adage “specalia generalibus derogant” (the specific derogates from the general) itself, correlated with the principle of the strict interpretation of special law. This principle of primacy of special law is indeed necessary for its survival and the guarantee of its effectiveness, at the risk of failure, because of the expansionism of the general law. However, this primacy of special law has a well-defined field: Indeed, since a 1928 decision of the Chambre des requêtes, the Cour de cassation states that “the application of special laws must be strictly contained within the limits set by their provisions”. Special law, therefore, cannot interfere with the application of general law and disregard its subsidiary vocation. However, to apply special law beyond its field of application amounts to denying the subsidiary vocation of general law. It is therefore because it has a limited field of application that the special law can and must take precedence over the general law. It also means that the principle of primacy of special law does not necessarily imply the exclusion of general law; it implies that the special law must first be applied, but that general law may be intended to apply in addition.
- The system of the option. Sometimes the legislator optsfor a system of options with the idea that the parties are in the best position to agree on which rules suit them best; those of general law or those of special law. Such was the case, for example, of Article 1245-17 of the Code civil on liability for defective products, which states that “The provisions of this Chapter are without prejudice to any rights which the victim of the harm may enjoy under the law of contractual or extra-contractual liability or under a special regime of liability. The producer remains liable for the consequences of his own fault or of the fault of persons for whom he is responsible”. This is also the option offered by Article L. 217-13 of the Code de la consommation concerning guarantees of conformity in consumer law according to which “The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as resulting from Articles 1641 to 1649 of the Code civil or any other action of contractual or extra-contractual nature which is recognized by the law” or lately, Article L. 527-1 of the Code de commerce on the pledge of stocks (“The parties remain free to resort to pledge of stocks provided for in this chapter or to pledge of tangible movables provided for in Articles 2333 and following of the Code civil”).
- The judge’s power of interpretation is crucial regarding “standard” notions such as:
- Reasonable: reasonable person” (C. civ., Art. 1301-1), the “reasonable notice” period (C. civ., Art. 1211; C. civ., Art. 1231) or a “reasonable cost”.
- Force majeure
- manifestly excessive advantage to establish a defect in consent as economic duress (C. civ., Art. 1143)
- the “manifest disproportion” between the cost of performance to the debtor and its interest for the creditor, which prevents the debtor from having to perform his obligation in kind (C. civ., Art. 1221)
2. The creative and moderating power of the judge related to :
- Implied obligations :such obligations may arise from the nature and purpose of the contract, the practices established between the parties and the uses, but also from good faith and from what is reasonable (Art. 5.1.2) (UNIDROIT)
- Circumstances creating an appearance (Article 1156 of the Code civil )
3. The judge prescribes:
Sometimes the law should confer on the court the task of “fixing” certain stipulations. Such is the case of Article 1305-1 of the Code civil which specifies that, in the absence of agreement between the parties on the determination of the time-delay of an obligation, the court may fix it “taking into consideration the nature of the obligation and the situation of the parties”. This will also be the case where the price or any other element of a contract is to be determined by reference to an index which does not exist or has ceased to exist. Article 1167 of the Code civil specifies that the court replaces it, where appropriate, with the index most closely related to it.
4. The judge moderates:
- On the one hand, if unilateralism progresses, it does not exclude recourse to the courts a posteriori to verify that a party has not abused its prerogatives. Thus, Article 1226 of the Code civil specifies that if the creditor can unilaterally terminate the contract by notice, the debtor “may at any time bring proceedings to challenge such a termination”. This proceeding brought by the debtor will not have the effect of reversing the burden of proof since it is also indicated that it is then for the creditor to establish “the seriousness of the non-performance”.
- On the other hand, some articles should expressly codify the moderating power of the courts. Ex: Article 1301-1 of the Code civil on management of another’s affairs, a court may “depending on the circumstances, moderate the compensation due to the principal on the ground of any fault or failure to act in the person intervening”. Similarly, Article 1303-2 of the Code civil concerning unjustified enrichment invites the court to reduce (they “may”) the compensation that may be received by the impoverished where this impoverishment stems from his fault.
5. Establish preventive mechanisms:
- Interrogative actions or “interpellations”: designed to anticipate any difficulties that may arise during a contract in order to get rid of them before the situation degenerates. Examples of these actions are found under Articles 1123, 1158 and 1183 new of the French Code civil.
- A new form of legal certainty: the example of nullity.Thus, Article 1183 specifies that “A party may claim in writing from a person who could rely on the nullity of a contract either to affirm it, or to proceed with an action for nullity within a period of six months”. After this period, the person who could rely on the nullity, and who, presumably because he finds higher interest in the continuation of the contract, did not do so within the period, will no longer be able to take advantage of it because “the contract shall be deemed to have been affirmed”. As a result, he cannot preserve this cause of nullity in the event that contractual relations deteriorate. Recourse to the court is no longer a necessary prerequisite because the action interrogatoire provided for in Article 1183 allows one party to better control this risk by confining the option for the other to invoke this nullity within a time period.
- Extrajudicial device. Action interrogatoire is thereforean out-of-court mechanism, which will have procedural, and substantial repercussions, since its exercise may lead to the loss of the subjective right and, in the event of a referral to the court, give rise to a fin de non-recevoir.
6. Establish provisions framing the power of the judge
- In framework contracts, as in contracts for the supply of services (C. civ., Art. 1164 and 1165), in the event of a dispute over the price fixed during contract performance, the role of the court is now limited to the control of abuse in price fixing, such that it can no longer “fix the price”, but rather, if necessary, only repair the loss resulting from the abuse by the award of damages.
- Several provisions govern the court’s power to award damages. This is the case in Article 1112 of the Code civil which states that when the negotiations have been wrongfully broken off, the damages can only compensate the costs incurred by negotiations but not the loss of benefits which were expected from the contract that was not concluded.
- This is also the case of Article 1116 of the Code civil which lays down the principle according to which the withdrawal of the offer in violation of the obligation to maintain it for a reasonable time period leads to the offeror incurring extra-contractual liability. The provision adds that the offeror is not, however, obliged to “compensate the loss of benefits which were expected from the contract”.
- Article 1188 of the Code civil reminds that the main principle for the courts is that of the subjective interpretation which must lead them to seek the common intention of the parties (a principle which was known in the former Article 1156 of the Code civil). However, the reform also subsidiarily opens the door to a more “objective” interpretation, that can be made according to what “a reasonable person in the same situation” would make of it.
Main recommendations related to International Private Law:
- In the context of today’s international competition between legal systems, the importance for Uzbekistan to acquire a modern, renewed right and a vector of legal certainty is all the greater as the parties are free to choose the law applicable to their contract – including one which has no link with their contract-. The Uzbek judge will then apply the law chosen by the parties, unless he resorts to the mechanisms the Uzbek public policy exception or to “lois de police” (overriding mandatory provisions).
- To have a good understanding of international private law matters: all the group members from the Research Institute of Legal Policy dedicated to International Private Law should have transversal attributions within others groups.
- Create a Code dedicated to International Private Law, following the current project at the French Ministry of Justice (more information mentioned during Day 3), and the already published International Private Law Codes from Monaco, Switzerland, and Belgium.
- Operate a distinction between Imperative Norms (Lois de Police) and National Public Policy (Ordre Public)
- Enhance regional cooperation with other Central Asian countries for legal matters related to international private law.
Adopt regional regulations, with a reciprocity reserve, related to the conflict of laws and the conflict of jurisdiction, following the example of:
-Rome 1 Regulation ((EC) No 593/2008) : related to the conflict of law applicable to contractual obligations
-The Rome II Regulation (EC) No 864/2007): the conflict of laws on the law applicable to non-contractual obligations -Brussels II Regulation (EC) No 2201/2003, related to conflict of law issues in family law between member states;
Main recommendations related to International Private Law :
- For Electronic commerce matters, as a general rule privilege the contractual party’s autonomy, instead of the localization of the provided electronic services (Rome1 Regulation). However, in order to protect the consumer, allow him to engage judicial actions from his country of residence.
- Encourage the recognition of foreign judgment by the Uzbek judges. However, give legal ground to the idea that a foreign judgment obtained by fraud should not be enforced. In order for the judge to be sure that the judgement was unlawfully obtained train the judge to have an in concreto appreciation of the case. (Ex: French judges do not enforce the act of repudiation obtained in a foreign -usually Muslim- country by a French citizen to avoid paying alimentary obligations to his former spouse.)
- Do not define the concept of National Public Policy and imperative norms in order to give flexibility to the judges. However give recommandation on how the judges should appreciate the National Public Policy and the Imperative Norms (in a contemporary and current way).
- In International Private Law, for the judge not to enforce foreign decisions, such decisions should be manifestly contrary to the International/ National Public Policy. Whereas for national private law matter it has to be only contrary to the National Public Policy. Operate such distinction between manifestly contrary and contrary with the National Public Policy.
Day 1 – Institut de Droit Comparé
Main general recommendation mentioned:
- Establish a clear distinction between public and private law norms
- Consecrate within the Uzbek Civil Code the principle of good faith during the pre-contractual, contractual and post-contractual stages (Article 1104 from the French Civl Code)
- Give legal grounds to judges for them to rebalance the contract. (Article 1195 of the French Civil Code: theory of unpredictability)
- Establish a blockchain cadastre to enhance the notification of landed property transactions.
- Create an equivalent to the French ‘’Caisse des dépôts et consignations’’
Meeting with the Uzbek delegation, Professor Bénédicte Fauvarque-Cosson, and Hadrien Canter
•In addition to the Civil Code, create a Code of Commerce and/or Code of Consumption, dealing with business-related matters with a high standard protection towards consumers. Such initiative would give a double protection to the consumers with dispositions mentioned within the two codes.
However, a clear principle has to established with different codes dealing with related issues : specialia generalibus derogant.
- Regarding movable property: establish the principle that “In the case of moveable property possession is equivalent to title’’. Hence, the possessor in good faith is presumed to be the owner. Such principle will guarantee legal certainty between transactions and avoid calling into question the chains of buyers over time.
- Establish specialized jurisdictions for international commercial disputes. (Ex in France: the international chamber of the Tribunal de Commerce of Paris and the International Chamber from the Court of Appeal.) Such jurisdictions would bring together international commercial cases justifying the use of the English language in the examination of evidence or conduct of proceedings. Moreover, both at first instance and on appeal, the rules of procedure should be developed in consultation with specialized lawyers, in order to establish usages precisely adapted to this category of lawsuits, so as to ensure strict management of deadlines, a thorough and contradictory examination of the evidence, a complete oral hearing at the trial. The challenge of such international jurisdictions is not only legal and economic, it also is political and cultural.
Recommendations regarding securities:
- The New Uzbek Codex shall distinguish personal from real guarantees (could be mentioned within the Civil Codex and/or the Consumption one)
- The French system classifies securities according to the goods to which it relates (collateral relates to intangible goods, the pledge relates to tangible goods).
- France recently created a Code for civil enforcement procedures (Code des procédures civiles d’exécution), unlike Germany who assimilated the securities with the contract law. It is rather recommended to devote a separate code to it, because there is not only contractual security, there are also legal security. Indeed, for example if a person is the victim of an accident, the victim can ask the judge who carries out a judicial mortgage on the patrimony of the author of the accident. Another reason why we put this aside is that it does not only concern the relationship between creditors and creditors, there is as well third parties concerned by the securities born from a contract.
- Penalty clause should be maintain and frame: maintains the mechanism, but while limiting it, to avoid the bankruptcy of the debtor. Here the appreciation power of the judge is very appreciated.
Recommendations regarding banking law:
- All banking activities (cash accounts and credit activities) are reserved for entities officially approved to practice in this profession. However, a certain flexibility towards Neobanks (online banks, and crypto-banks) would be highly appreciated.
- Allow the opening of an online bank account through a dematerialized procedure (electronic contracts)
- Follow the recommendations from the Basel Committee on Banking Supervision
- Require Anti-Money Laundering Procedure for the Banking sector
- Establish a framework towards escrow account, allowing the escrow account to be separated from an eventual collective procedure. In case of fraud encourage the use of the ‘’Action Paulienne’’ to avoid that the escrow account infringes the legal rights of creditors. (Article 1341-2 French Civil Code)
Day 2 – French Ministry of Justice
Main information mentioned
- Non-pecuniary damage should be recognized by the judges. The principle of full reparation (even moral suffering) should be enforced and guided by a Nomenclature (in France Dinthillac nomenclature is harmonizing the Personal injury damages on the whole French territory).
- The judge assesses the damage in concreto, and decides on the compensation. To allow a better predictability, an effort is made to tandardize the dommage quantification thanks to the ‘’Dinthilac nomenclature’’ and the ‘’Intercours Barème’’ to which the judges refer. In fact there is a strong will for not a uniform c o m p e n s a t i o n b u t h o m o g e n e o u s compensation.
Meeting with the Uzbek delegation, Mister Montgolfier, Léa le Galiard and Clotilde Bellino
- The unjust enrichment has been consecrated within the general obligations theory as a legacy from case law. (Article 1303 French Civil Codex)
- In France there is no future inheritance contract in principle, but there are exceptions (for military serviceman for example).
- 3 hypotheses for inheritance: 1. Presence of a will / 2. No will, and therefore the legal rules apply (children, parents and it goes until the nephew) / 3. If there is really no heirs, the guardianship is vacant, then the state recovers the assets, disposes of them and the money is returned to the public community.
Day 2 – French Ministry of Justice
Main information mentioned
• In principle, the common will is not recognized under French law, because each succession is individual. However, the spouses can plan within the marriage contract, but the children remain priority for the succession. (reservation right, non-acceptance of the heir reserve).
• Principle in French law: ‘’The dead seize the living’’. Meaning the dead transmit immediately. (translative legal effect of the property operates from the moment of death)
• Regarding the will administrators, there are professionals responsible for inheritance: such as notary and genealogist. But there are also executors (if there is a certain allocation for the benefit of such and such a person): it is organized within the civil code.
- Regarding civil liability: the main challenge is to identify the person responsible for the damage, and the fact causing it. Otherwise there are national compensation funds if there are no identifiable perpetrators (it is the case for natural disasters)
- Regarding innominate contracts, they are subject to ordinary law.
Day 2 – French Ministry of Justice
Questions related to Public Companies
- When France wanted to privatized a former publicly hold company called ‘’La Francaise des jeux’’; they operated a successful IPO opened to private capitals, especially towards French citizens. Demand for the initial public offering of French national lottery operator Francaise des Jeux (FDJ) was very strong, with retail investors having subscribed for 1 billion euros ($1.10 billion) in shares,
- The state can be active in the economy, and it can invest in private companies and acquire part of the capital ( in France a special organism is dedicated to it : Agence des participations de Etat)
Day 2 – Continental law initiative
Future probable reforms in France:
- Securities: The so-called ‘’PACTE Law’’ has authorized the government to reform by ordinance (bail law will also be reformed)
- Obligations Law: Civil Liability
- Tort Law ( liability for fault, vicarious liability, liability for the actions of things)
Future uncertain reforms:
- Property law
- Special contract law (sales, lease, deposit contract)
Meeting with the Uzbek delegation, Anne-Charlotte Gros and Professeur Romain Boffa.
- Despite, the two preliminary reform projects related to special contract published in 2015 and 2018 by the Henri Capitant association. The French ministry of justice didn’t plan to reform the special contract yet.
- Recommendation: create a similar association for Uzbek academics and professionals who could propose legislative initiatives. Hence it is often appreciated to have both public and private legal reforms initiatives
Day 2 – French Ministry of Justice
Main information mentioned
• In France, some new special contracts have been added to the civil code. Indeed, especially for the most important and emblematic, as it was the case in 2011 with the Fiducie (French Trust).
• There is no legal framework related to the legal person in general, but there are provisions on groups in particular (associations, foundation, subsidiary, establishment committee, SAS, SARL, EUIRL etc …). There is, however, a general trend towards certain kind of legal persons through insolvency proceedings, and criminal law (liability of legal persons in general).
Main information mentioned
- Legal forms for companies in which the French State is a shareholder:
-joint-stock company (Société Anonyme)
-administrative public service (Service Public Administratif)
-industrial and commercial public service (Service Public Industriel et Commercial)
- In France, prescription is generally 5 years, but special deadlines apply (e.g. 2 years for hidden defects), sometimes with a floating starting point.
- Recommendation: promote self-employed and micro-entrepreneur status with an online and dematerialized procedure.
- Operate a distinction between subsidiary and branch. A subsidiary has its own legal personality, with its own assets, and a registration in the commercial register, otherwise it is a branch or a de facto company which has no legal personality.
- Liability for artificial intelligence (AI): should be submit under the general liability laws, and not under a special liability status. Hence, it must be linked to the legal person who created it, and / or the person who inserts the data into the AI. But certain questions arise with autonomous vehicles: by making responsible not the driver in the car, but rather the manufacturer, or the operator in charge of putting new data in the machine (the Data Scientist). Today artificial intelligence should remain subject to the general regime of liability for the fact of things as mentioned in the Civil Code.
Day 3 – Court of Cassation
- Even if it’s free to submit a case in front of the Court of cassation, only a certain type of qualified solicitor are allowed to pledge in front of the Court of cassation
- The Court of cassation give sentences focusing not on the case facts but on the legal issues of the cases.
- In France, there are no recommendations on points of law, but there are methodological files addressed to the judges, and the decisions constitute a source of inspiration to follow
- Recommendation: create an equivalent to the ‘’Service de documentation des études et du rapport’’ (Study and report documentation service) : in order to publish online all the court rulings, and as well assist the judges with the precedents courts rulings. Such service is crucial in the organization and the consistency of the Court of cassation
Day 3 – Herbert Smith Freehills
Main information mentioned
• In France, a future code called ‘’public procurement code’’ (code de la commande publique) will soon be available.
• Recommendation: establish a regime similar to -administrative public service (Service Public Administratif)
-industrial and commercial public service (Service Public Industriel et Commercial)
-local public company (to create public companies at a local level: for example for waste management)
• The appointment of key positions for those public companies can be made by the President or the Prime Minister, but after a hearing in front of the National Assembly.
- Recommendation: create a public domain concession system (for highways and other infrastructure industry), it will attract foreign investment.
- A public enterprise can make a trust
Day 3 – Ecole Nationale de la Magistrature
- Cooperation has existed between the ENM and the Uzbek Academy of Judges, since the signing of a memorandum in 2017.
- ENM offers physicals and online trainings for judges. (a brochure was given with more details)
- ENM has its own research and study office, which monitor legal and societal issues that arise.
Meeting with Leila Brocad and Tania Jezniuk
Day 3 – ENM with M. Ancel
- Current problem in France: scope of international private law and its articulation with European law
- Art 1 of the french civil code: ‘’ the code applies, but it is subject to European law and treaties of private international law signed by France’’.
- Recommendation: enhance cooperation with foreign embassies in Uzbekistan for the application of extraterritorial law (on the model of the convention between France and Morocco: where the French judge applies Moroccan law, and vice versa when the parties are members of the one of the two countries). Meeting with M. Ancel
- Practical advice for writing a code.
-For each subject 2 people are designated to deal specifically with a predefined issue.
-They send their proposal electronically 8 days before the meeting
-During the meeting, the proposal is discussed, and during the meeting the article is adopted down to the last comma