Certificate of Customary Law

Certificate of Customary Law

Certificate of Customary Law

The program of the certificate

Facing most legal questions, it seems necessary to complement the classic legal analysis based on statutes and cases with a reference to usages. Ignoring them creates a worrying blind spot for the documentation. On the contrary, paying attention to customary Law opens a gold mine of arguments and improves the legal services on a national and even more at an international level.

FOREWORD (1H)

We are honored to begin the training with a 1 hour foreword by Laurent Mayali – from Berkeley Law

INTRODUCTION (4H)

A – Definition of Customary Law
B – Opportunity of Customary Law
C – Legal Regime of Customary Law

I - FORMATION OF CUSTOMARY RULES (4H)

A – Objective elements
B – Subjective elements

II - APPLICATION OF CUSTOMARY RULES (4H)

A – Nature of Customary Rules
B – Evidence of Customary Rules
C – Effects of Customary Rules
D – Transfer of Customary Rules
E – Modification of Customary Rules

III - TERMINATION OF CUSTOMARY RULES (2H)

A – Causes of Termination
B – Consequences of Termination

Facing most legal questions, it seems necessary to complement the classic legal analysis based on statutes and cases with a reference to usages. Ignoring them creates a worrying blind spot for the documentation. On the contrary, paying attention to Customary Law opens a gold mine of arguments and improves the legal services on a national and even more at an international level.

FOREWORD (1H)

We are honored to begin the training with a 1 hour foreword by Laurent Mayali – from Berkeley Law

INTRODUCTION (4H)

A – Definition of Customary Law
B – Opportunity of Customary Law
C – Legal Regime of Customary Law

I - FORMATION OF CUSTOMARY RULES (4H)

A – Objective elements
B – Subjective elements

II - APPLICATION OF CUSTOMARY RULES (4H)

A – Nature of Customary Rules
B – Evidence of Customary Rules
C – Effects of Customary Rules
D – Transfer of Customary Rules
E – Modification of Customary Rules

III - TERMINATION OF CUSTOMARY RULES (2H)

A – Causes of Termination
B – Consequences of Termination

Speakers

Laurent MAYALI

Berkeley Law

Lloyd M. Robbins Professor of Law
Faculty Director, Comparative Legal Studies Program
Faculty Director, Robbins Religious and Civil Law Collection

Biography

After attending the School of Law of Montpellier (France), Laurent Mayali served as a tenured research scholar at the Max Planck Institute for European Legal History in Frankfurt, Germany, and at France’s Center for National Research. He joined the Faculty of Berkeley’s rhetoric department in 1985 before permanently joining the Berkeley Law Faculty in 1988.

In 1997 he was elected to a chair in Roman Christianity and sources of modern law at the Ecole Pratique des Hautes Etudes, at the Sorbonne in Paris. He has been a visiting law professor at several universities and has lectured extensively throughout Europe, Africa, and Asia in the areas of legal history and comparative law.

Laurent Mayali is the author and coauthor of many publications, including Droit savant et coutumes; “Symposium on Ancient Law, Economics & Society,” (with J. Lindgren and G. Miller) in the Chicago Kent Law ReviewRare Law Books and the Language of Catalogues, Universita degli Studi di Siena (with M. Ascheri); Customary Law Today (Ed. Laurent MAYALI and Pierre MOUSSERON, Springer 2018). He has also published numerous articles on medieval jurisprudence, customary law, and comparative law.

Lise CHATAIN

School of Law of Montpellier

Assistant Professor at the School of Law of Montpellier
Co-director of the Master in International Trade Law – HEC

Biography

Lise Chatain practiced business and tax law for 12 years in Paris and in the provinces. She now teaches tax law in Master 1 and Master 2 at the School of Law of Montpellier.

She has developed two lines of research: on the one hand, business tax law in connection with corporate law, and on the other hand, family tax law, in particular the understanding of the principle of gender equality through taxation.

Pierre MOUSSERON

School of Law of Montpellier

Professor at the School of Law of Montpellier

Biography

Pierre Mousseron graduated from the School of Law of Montpellier and the University of Berkeley. Since 2001, he is a Professor at the School of Law of Montpellier where he runs the Centre du Droit de l’EntrepriseIn 2015, he created with some colleagues l’Institut des Usages which whose purpose is to promote contemporary customary Law through conferences, publications opinions, projects….

He has published several books on Customary law including : “Les usages : l’autre Droit de l’Entreprise” (LexisNexis,2014); “Customary Law Today” (co-editor with L. Mayali, Springer 2018) and “Droit des usages” (IDU/LexisNexis 2021). Pierre Mousseron has been a Visiting Professor at the University of Florida (USA) and Sherbrooke (Canada).

 

Laurent MAYALI

Berkeley Law

  • Lloyd M. Robbins Professor of Law
  • Faculty Director, Comparative Legal Studies Program
  • Faculty Director, Robbins Religious and Civil Law Collection

Biography

After attending the School of Law of Montpellier (France), Laurent Mayali served as a tenured research scholar at the Max Planck Institute for European Legal History in Frankfurt, Germany, and at France’s Center for National Research. He joined the Faculty of Berkeley’s rhetoric department in 1985 before permanently joining the Berkeley Law Faculty in 1988.

In 1997 he was elected to a chair in Roman Christianity and sources of modern law at the Ecole Pratique des Hautes Etudes, at the Sorbonne in Paris. He has been a visiting law professor at several universities and has lectured extensively throughout Europe, Africa, and Asia in the areas of legal history and comparative law.

Laurent Mayali is the author and coauthor of many publications, including Droit savant et coutumes; “Symposium on Ancient Law, Economics & Society,” (with J. Lindgren and G. Miller) in the Chicago Kent Law ReviewRare Law Books and the Language of Catalogues, Universita degli Studi di Siena (with M. Ascheri); Customary Law Today (Ed. Laurent MAYALI and Pierre MOUSSERON, Springer 2018). He has also published numerous articles on medieval jurisprudence, customary law, and comparative law.

Lise CHATAIN

School of Law of Montpellier

Assistant Professor at the School of Law of Montpellier
Codirector of the Master in International Trade Law – HEC

Biography

Lise Chatain practiced business and tax law for 12 years in Paris and in the provinces. She now teaches tax law in Master 1 and Master 2 at the School of Law of Montpellier.

She has developed two lines of research: on the one hand, business tax law in connection with corporate law, and on the other hand, family tax law, in particular the understanding of the principle of gender equality through taxation.

Pierre MOUSSERON

School of Law of Montpellier

Professor at the School of Law of Montpellier

Biography

Pierre Mousseron graduated from the School of Law of Montpellier and the University of Berkeley. Since 2001, he is a Professor at the School of Law of Montpellier where he runs the Centre du Droit de l’Entreprise.In 2015, he created with some colleagues l’Institut des Usages which whose purpose is to promote contemporary customary Law through conferences, publications opinions, projects….

He has published several books on Customary law including : “Les usages : l’autre Droit de l’Entreprise” (LexisNexis,2014); “Customary Law Today” (co-editor with L. Mayali, Springer 2018) and “Droit des usages” (IDU/LexisNexis 2021). Pierre Mousseron has been a Visiting Professor at the University of Florida (USA) and Sherbrooke (Canada).

An expertise gathered in a book

Une forte coopération s’est créée  entre l’Université de Berkeley et l’Institut des usages avec notamment la co-direction de l’ouvrage “Customary Law Today” (Ed. Laurent MAYALI et Pierre MOUSSERON, Springer 2018.)

Ce livre traite des pratiques actuelles du droit coutumier. Il comprend des contributions de chercheurs de divers systèmes juridiques (États-Unis, France, Israël, Canada, etc.), qui examinent les impacts actuels du droit coutumier sur divers aspects du droit privé, du droit constitutionnel, du droit des affaires, du droit international et du droit pénal. En outre, le livre élargit le concept traditionnel de l’état de droit et soutient que les avocats ne devraient pas se concentrer uniquement sur le droit statutaire, mais devraient plutôt accorder plus d’attention à l’impact des pratiques sur la «vraie vie juridique». Il déclare que l’observation des pratiques exige une concentration plus forte sur l’usage, les coutumes et les traditions dans nos systèmes juridiques – l’idée n’étant pas de remplacer le droit statutaire, mais de le compléter par des observations coutumières.

A strong cooperation has been created between Berkeley Law and l’Institut des usages (IDU) with, in particular, the co-editing of the book “Customary Law Today” (Ed. Laurent MAYALI and Pierre MOUSSERON, Springer 2018.)

This book addresses current practices in customary Law. It includes contributions by scholars from various legal systems (the USA, France, Israel, Canada etc.), who examine the current impacts of customary Law on various aspects of private Law, constitutional Law, business Law, international Law and criminal Law. In addition, the book expands the traditional concept of the rule of Law, and argues that lawyers should not narrowly focus on statutory Law, but should instead pay more attention to the impact of practices on “real legal life.” It states that the observation of practices calls for a stronger focus on usage, customs and traditions in our legal systems – the idea being not to replace statutory Law, but to complement it with customary observations.

A strong cooperation has been created between Berkeley Law and l’Institut des Usages (IDU) with, in particular, the co-editing of the book “Customary Law Today” (Ed. Laurent MAYALI and Pierre MOUSSERON, Springer
2018.)

This book addresses current practices in customary law. It includes contributions by scholars from various legal systems (the USA, France, Israel, Canada etc.), who examine the current impacts of customary law on various aspects of private law, constitutional law, business law, international law and criminal law. In addition, the book expands the traditional concept of the rule of law, and argues that lawyers should not narrowly focus on statutory law, but should instead pay more attention to the impact of practices on “real legal life.” It states that the observation of practices calls for a stronger focus on usage, customs and traditions in our legal systems – the idea being not to replace statutory law, but to complement it with customary observations.