La trahison en droit des affaires
A French dictionary offers two meanings of the term treason (or betrayal). The first one, which comes at once to jurist's mind, corresponds to the act of betraying one's country. In this meaning, treason is contrary to the general interest. The second meaning refers to the fact of misleadi...
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| Format: | Article |
| Language: | fra |
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L’Harmattan
2017-09-01
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| Series: | Droit et Cultures |
| Online Access: | http://journals.openedition.org/droitcultures/4274 |
| Summary: | A French dictionary offers two meanings of the term treason (or betrayal). The first one, which comes at once to jurist's mind, corresponds to the act of betraying one's country. In this meaning, treason is contrary to the general interest. The second meaning refers to the fact of misleading or betraying somebody's trust. In this way, it is the particular interest of the victim of the disloyalty which is protected. If business law can be described as the field of economic freedoms, dominated by the principle of free competition, some rules can be considered as particular applications of treason (or betrayal). Some of its rules lead to sanction disloyalty, some others lead, upstream, to prevent such disloyalty, by stating a duty of loyalty or fidelity. More surprisingly, recent measures appeared to encourage denunciation. Those measures legitimize a kind of betrayal. Such measures are justified by the protection of the public interest. Indeed, this is a particularity of business law, of which rules can protect public interest as well as particular interests. |
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| ISSN: | 0247-9788 2109-9421 |