ED Droit
New technologies and civil justice: comparative analysis of french and kuwaiti systems
by Nasser ALENEZI (INSTITUT DE SCIENCES CRIMINELLES ET DE LA JUSTICE)
The defense will take place at 14h00 - Salle RG Pôle Juridique et Judiciaire 35 place Pey-Berland, 33000 Bordeaux
in front of the jury composed of
- Aurélie BERGEAUD WETTERWALD - Professeure - Université de Bordeaux - Directeur de these
- Evelyne BONIS - Professeure - Université de Bordeaux - Examinateur
- Anaïs DANET - Professeure - Université de Reims Champagne-Ardenne - Examinateur
- Masad ALENZI - Professeur associé - Université du Koweït - Rapporteur
- Cyril NOURISSAT - Professeur - Université Jean Moulin Lyon 3 - Rapporteur
Civil justice is criticized for its slowness and the procedure for its complexity. Many challenges must be met to enable, while respecting the guarantees of a fair trial, civil cases to be processed within a reasonable time. The emergence of new communication technologies in the field of justice has already offered new solutions to simplify and accelerate procedures. Innovative perspectives are now being studied. But is the deployment of the use of new technologies in civil procedures necessarily a good way of handling disputes? Many emphasize the resulting gain in efficiency when others warn against abuses and excesses which can threaten the balance of procedures and the way in which justice is delivered. Access to the judge for all litigants is at the heart of the discussions. Furthermore, the fear of a robotization of justice linked to the emergence of start-ups and the insertion of programs using artificial intelligence in the field of Justice, threatens the nature of the legal professions. New technologies then appear to be “a double-edged sword”. The resulting benefits are tempered by the risks they generate. Relying on new technologies can be beneficial but only if their use remains in the service of justice and civil procedure, without prejudice to the essence of the action of the legal professions, without widening inequalities. regarding access to justice or opening a loophole regarding the protection of personal data. This topical study must be carried out in a comparative dimension in order to see if the measures applied and envisaged in France could be transposed into the Kuwaiti procedure which is lagging behind on this point. The objective of this thesis is therefore to analyze the scope of application and the challenges of new technologies in civil trials from a comparative law perspective.