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La juridicité de la coutume kanak

Abstract : In New Caledonia, Kanak can, under the terms of article 75 of the Constitution, preserve their usual personal status. Although French, they do not belong to the personal status of Civil Law. This usual statute has consequences as much on the standard applicable to their situation that with the composition of the jurisdiction. If this statutory separation leads to differenciate the two types of sources during their interpretation and application, it appears that the Cour de cassation and the Organic Law of 1999 determine the field of application of this custom following ratione personæ and materiæ criteria under the prism of civil law. However, it is not certain that this step, devoted, is relevant whereas the equality between the common right and the custom is conditioned by that, constitutional, of the statutes. It will then be advisable to pose the premises of a criticism of this positivist approach of the custom and usual civil statute, with the ell of questions raised by the meeting held on the two statutes, in particular the qualification of the concepts which delimit the field of it.
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https://halshs.archives-ouvertes.fr/halshs-02562341
Contributor : Véronique Lacroix <>
Submitted on : Monday, May 4, 2020 - 3:31:17 PM
Last modification on : Wednesday, July 1, 2020 - 5:15:35 AM

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Etienne Cornut. La juridicité de la coutume kanak. Droit et Cultures - Revue internationale interdisciplinaire, CHAD (UPN), Association Droit et Cultures, L'Harmattan, 2010, 60 (2), pp.151-175. ⟨halshs-02562341⟩

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