مجلة الدراسات الحقوقية
Volume 12, Numéro 1, Pages 354-389
2025-04-28
The Role Of Judicial Jurisprudence In Establishing New Professional Obligations
Authors : Lakli Djilali . Djahl Mohamed .
Abstract
Modern jurisprudence building upon established judicial precedents has introduced a novel perspective on professional responsibility that transcends traditional classifications of civil liability. This perspective simultaneously affirms the subjective and specific nature of professional responsibility while highlighting the inadequacy of previous legal frameworks in fully encompassing all legal obligations. This evolution raises a critical question: To what extent has the judiciary played a role in establishing new professional obligations that extend beyond those traditionally prescribed for legal professionals under general legal principles? This issue becomes particularly relevant given the emerging perception of clients as a vulnerable party requiring protection in their capacity as consumers of legal services. Accordingly, this study aims to identify and analyze the various professional obligations newly established through comparative judicial rulings. This analysis is crucial for understanding one of the fundamental conditions for holding professionals accountable, particularly since legislative frameworks have been influenced by these judicial developments. As a result, distinct obligations have been introduced specifically for legal professionals, characterized by a heightened degree of rigor and strictness compared to the general legal obligations traditionally in place.
Keywords
professional responsibility ; Judicial Jurisprudence ; Professional Obligations ; legal professionals ; legal obligations
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