French civil liability in comparative perspective

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French civil liability in comparative perspective

edited by Jean-Sébastien Borghetti and Simon Whittaker

（Studies of the Oxford Institute of European and Comparative Law, v. 28）

Hart, 2019

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Includes bibliographical references and index

Description and Table of Contents

Description

The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.

Table of Contents

1. Introduction Jean-Sebastien Borghetti and Simon Whittaker PART I 'CIVIL LIABILITY', CONTRACTUAL AND EXTRA-CONTRACTUAL 2. A Common Framework for Civil Liability? Simon Whittaker 3. The Relationship between Contractual and Extra-Contractual Liability as between Parties to a Contract Yves-Marie Laithier 4. Liability of Contracting Parties Towards Third Parties Philippe Stoff el-Munck PART II 'FAULT' 5. The Definition of Civil Fault Marie Dugue 6. Crime, Breach of Legislative Duties and Fault Matthew Dyson PART III LIABILITY WITHOUT FAULT 7. The Role of Liability without Fault Jonas Knetsch 8. Fait d'autrui in Comparative Perspective Birke Hacker PART IV 'HARM' 9. Loss and its Compensation in the Proposed New French Regime of Extra-contractual Liability Dorota Leczykiewicz 10. The Concepts of 'Harm' in the French and Italian Laws of Civil Liability Pietro Sirena 11. Nuisance and Coming to the Nuisance: The Porous Boundary between Torts and Servitudes in England and France Ciara Kennefick PART V CAUSATION 12. Liability for Alternative Causation and for the Loss of a Chance Nuno Manuel Pinto Oliveira 13. 'Solidary' Liability and the Channelling of Liability Carlos Gomez Liguerre PART VI DEFENCES 14. Defences to Tortious and Contractual Liability in French Law Sandy Steel 15. Contracts Concerning Civil Liability Zoe Jacquemin PART VII LIABILITY BEYOND DAMAGES 16. Comparative Reflections on Punishment in Tort Law Marco Cappelletti 17. Unjustified Enrichment and Civil Liability Melodie Combot 18. Injunctions Requiring the Cessation of Unlawful Action Paula Giliker PART VIII BROAD THEMES 19. The Projet de Reforme du Code Civil Belge and the Reform of the French Civil Code: A Comparison of Selected Topics Bernard Dubuisson 20. The Reform of Delict in the Civil Code and Liability in Administrative Law John Bell 21. The Importance of Terminology in the Law of Civil Liability Olivier Deshayes 22. Principles of Liability or a Law of Torts? Jean-Sebastien Borghetti and Simon Whittaker

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