French civil liability in comparative perspective / [edited by] Jean-Sébastien Borghetti, Simon Whittaker.

Format:

Book

Contributor:

Borghetti, Jean-Sébastien, editor.

Whittaker, Simon, editor.

Series:

Studies of the Oxford Institute of European and Comparative Law; ; volume 28.

Studies of the Oxford Institute of European and Comparative Law; volume 28

Language:

English

Subjects (All):

France. Code civil.

France.

Liability (Law)--France.

Liability (Law).

Torts--France.

Torts.

Physical Description:

1 online resource.

Edition:

First edition.

Distribution:

London : Bloomsbury Publishing, 2019.

Place of Publication:

Oxford [England] : Hart Publishing, an imprint of Bloomsbury Publishing, 2019.

Summary:

"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 of 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 area of French law in the light of these proposals 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 policy of French lawyers as well as the possible directions in which this area of the law may be developed in the future"-- Provided by publisher.

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 Réforme 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

Notes:

Includes index.

Includes bibliographical references and index.

ISBN:

9781509927302

1509927301

9781509927289

150992728X

9781509927296

1509927298

OCLC:

1111649674