Delictual Liability of Parents for the Actions of their Minor Children: A Comparison between France and Mauritius
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Goran Georgijevic
296Abstract
In this paper, we compare the legislation and the case law in France and Mauritius on the delictual liability of parents for the harm caused by their minor child(ren). Such a comparison is justified from a historical point of view, as in Mauritius, even today, French civil law plays the role of a persuasive authority. However, important differences can be discerned between the French and Mauritian tort law regimes as regards the delictual liability of parents for the actions of their minor children. These differences concern the nature of the liability of parents, the place of the fault of a child in the structure of the delictual liability of their parents, the possibility/impossibility of emancipating a minor by marriage or a court decision, and the definition of cohabitation. This paper contains a critical analysis of these differences.
© 2025 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Frontmatter
- Deanthropocentric Legal Subjectivity
- Different Grounds for Climate Change Liability: Can Tort Lawyers Draw Inspiration from Rights-Based Climate Litigation?
- Climate Liability after Lliuya v RWE: Causation and Duty Demystified
- Delictual Liability of Parents for the Actions of their Minor Children: A Comparison between France and Mauritius
- Book Review
- E Karner/D Messner-Kreuzbauer (eds), Fault-Based and Strict Liability. Chinese and European Perspectives (Jan Sramek Verlag 2024). 289 pp. ISBN 978-3-7097-0291-8
Articles in the same Issue
- Frontmatter
- Frontmatter
- Deanthropocentric Legal Subjectivity
- Different Grounds for Climate Change Liability: Can Tort Lawyers Draw Inspiration from Rights-Based Climate Litigation?
- Climate Liability after Lliuya v RWE: Causation and Duty Demystified
- Delictual Liability of Parents for the Actions of their Minor Children: A Comparison between France and Mauritius
- Book Review
- E Karner/D Messner-Kreuzbauer (eds), Fault-Based and Strict Liability. Chinese and European Perspectives (Jan Sramek Verlag 2024). 289 pp. ISBN 978-3-7097-0291-8
