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question on retrospective law.(Jim Murphys Blog)


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A poster on Jim Murphys blog said there was an old  French law prohibiting retrospective law. Someone else asked for chapter and verse. I've answered here rather than on the blog which seems to be better used for lobbying. A quick search found that it forms part of the Civil or Napoleonic code. This forms the basis of French and most European law but I don't know how much validity each individual clause has today. (I certainly wouldn't want his laws concerning women who had almost no rights) It is however the 2nd clause so is fundamental.

Le loi ne dispose que pour l'avenir; elle n'a point d'effet retroactif.

Clause 11 of the first part is also interesting.

L'etranger jouira en France des memes droites civil qui ceux qui sont ou seront accordes aux Francais par les traites de la nation a laquelle ce etranger appartiendra..

Retroactivity and reciprocity enshrined in French law.

(sorry for lack of accents, I haven't worked out how to do them with this computer, the old alt numbers don't work)

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