to read this presentation in English ↗️ click on the English flag
📚 Ce livre est partie intégrante de cette collection créée Marie-Anne Frison-Roche pour développer le Droit de la Compliance et de la Régulation.
lire la présentation des autres ouvrages de la collection :
🕴️M.A. Frison-Roche (ed.), 📘Le système probatoire de la compliance, 2025
🕴️M.A. Frison-Roche (ed), 📘Compliance Juridictionnalisation, 2023
🕴️M.A. Frison-Roche (ed), 📘Compliance Monumental Goals, 2022
🕴️M.-A. Frison-Roche (ed.), 📘Compliance Tools, 2021
► voir la présentation générale de cette 📚Series Compliance & Regulation, conçue, fondée et dirigée par Marie-Anne Frison-Roche, copubliée par le Journal of Regulation & Compliance (JoRC) et Bruylant.
► présentation générale du livre : Compliance is sometimes presented as something that cannot be avoided, which is tantamount to seeing it as the legal obligation par excellence, Criminal Law being its most appropriate mode of expression. However, this is not so evident. Moreover, it is becoming difficult to find a unity to the set of compliance tools, encompassing what refers to a moral representation of the world, or even to the cultures specific to each company, Compliance Law only having to produce incentives or translate this ethical movement. The obligation of compliance is therefore difficult to define.
This difficulty to define affecting the obligation of compliance reflects the uncertainty that still affects Compliance Law in which this obligation develops. Indeed, if we were to limit this branch of law to the obligation to "be conform" with the applicable regulations, the obligation would then be located more in these "regulations", the classical branches of Law which are Contract Law and Tort Law organising "Obligations" paradoxically remaining distant from it. In practice, however, it is on the one hand Liability actions that give life to legal requirements, while companies make themselves responsible through commitments, often unilateral, while contracts multiply, the articulation between legal requirements and corporate and contractual organisations ultimately creating a new way of "governing" not only companies but also what is external to them, so that the Monumental Goals, that Compliance Law substantially aims at, are achieved.
The various Compliance Tools illustrate this spectrum of the Compliance Obligation which varies in its intensity and takes many forms, either as an extension of the classic legal instruments, as in the field of information, or in a more novel way through specific instruments, such as whistleblowing or vigilance. The contract, in that it is by nature an Ex-Ante instrument and not very constrained by borders, can then appear as a natural instrument in the compliance system, as is the Judge who is the guarantor of the proper execution of Contract and Tort laws. The relationship between companies, stakeholders and political authorities is thus renewed.
🏗️construction générale du livre
The book opens with a double Introduction. The first, which is freely accessible, is a summary of the book, while the second, which is substantial, deals with the future development of the compliance obligation in a borderless economic system.
The first part is devoted to the definition of the Compliance Obligation.
The second part presents commitments and contracts, in certain new or classic categories, in particular public contracts, and compliance stipulations, analysed and qualified regarding Compliance Law and the various relevant branches of Law.
The third part develops the responsibilities attached to the compliance obligation.
The fourth part refers to the institutions that are responsible for the effectiveness, efficiency, and efficacy of the compliance obligation, including the judge and the international arbitrator.
The fifth part takes the Obligation or Duty of Vigilance as an illustration of all these considerations.