French Civil Liability in Comparative Perspective (Studies of the Oxford Institute of European and Comparative Law) - Hardcover

Simon Whittaker; Jean-Sébastien Borghetti

Hardcover

ISBN 10: 1509927271 ISBN 13: 9781509927272

Publisher: Hart Publishing, 2019

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 this title

About the Authors

Jean-Sébastien Borghetti is Professor of Law at the University of Paris II, Panthéon-Assas.

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

Edition details

• Publisher: Hart Publishing
• Publication date: 2019
• Language: English
• ISBN 10: 1509927271
• ISBN 13: 9781509927272
• Binding: Hardcover
• Edition number: 1
• Number of pages: 544
• Editor: Simon Whittaker, Jean-Sébastien Borghetti