The Special Procedure la Saisine pour Avis de la Cour de Cassation. Legal Background and Importance

Abstract

The French legislator has created in 1991 the procedure of the “notification for opinion” (la saisine pour avis) of the Court of Cassation as a procedural incident which solves a new legal issue arose in a pending trial, which presents serious particularities for the judges of the litigation and to which it depends the solution of the first court. In this article, the author analyzes the French incident legislation and the importance of the notification for opinion of the Court of Cassation, scientific approach having as purpose the understanding of such procedure from the perspective of the adoption of a similar one in the Romanian legislation.