Title: French Civil Liability in Comparative Perspective (Studies of the Oxford Institute of European and Comparative Law)
Publisher: Hart Publishing
Publication Date: 2021
Language: English
ISBN 10: 1509952802
ISBN 13: 9781509952809
Binding: Soft cover
Condition: New

About this title

Synopsis

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.

About the Authors

Jean-S�bastien Borghetti is Professor of Law at the University of Paris II, Panth�on-Assas.

Matthew Dyson is Professor of Civil and Criminal Law at the Faculty of Law, University of Oxford, and Tutorial Fellow of Corpus Christi College, Oxford, UK. Director of the Institute of European and Comparative Law.

Simon Whittaker is Professor of European Comparative Law and a Fellow of St John's College, Oxford.

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