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French Civil Liability in Comparative Perspective

French Civil Liability in Comparative Perspective

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509952809
  • 出版时间 July 2021
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509927272
JP¥15,265.60
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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

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