In French law, judges cannot create legal norms, because of the principle known as "la prohibition des arrêts de règlement" of Article 5 of the French civil code: "Judges are forbidden from pronouncing in a generally dispositive and regulatory fashion on the matters submitted to them."
This general principle underlies the state of existing law, which is merely uncovered by the judge.
These general principles, and particularly their judicial interpretation, have been debated in legal theory.
The expression "general principles of law" was consecrated after the Liberation of France by an arrêt[5] about the rights of defendants.
(principe des droits de la défense)[6] The Tribunal des conflits cited this principle, in its decision of 8 February 1873, titled Dugave et Bransiet.