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Fault, Damage and the Equivalence Principle in French Law
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Christophe Quézel-Ambrunaz
Published/Copyright:
April 11, 2012
Abstract
It is said that the equivalence principle – promoting equivalence between the kinds of fault that are recognised and the prejudices suffered or interests protected – is a peculiarity of the French law of civil liability deduced from the general clause of liability enshrined in the French Civil Code. The principle is applied in different ways in contractual and extra-contractual liability. In fact, the equivalence principle is more of a facade than a genuine reflection of French law, which provides for both the differentiated protection of interests and a hierarchical ordering between them.
Published Online: 2012-4-11
Published in Print: 2012-4
© 2012 by Walter de Gruyter Berlin Boston
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Articles in the same Issue
- Masthead
- Punitive Damages – A Modern Conundrum of Ancient Origin
- Fault, Damage and the Equivalence Principle in French Law
- The New Turkish Tort Law
- Extracts from the New Turkish Code of Obligations
- The New Extra-Judicial Compensation System for Victims of Medical Malpractice and Accidents in Poland
- Punitive Damages in France: A New Deal?
- Compartmentalisation and Harmonisation of Tort Law in Europe: Damage Caused by GMOs as a Test Case
- Paula Giliker, Vicarious Liability in Tort – A Comparative Perspective (Cambridge University Press 2010)
- Bernhard A Koch (ed), Medical Liability in Europe. A Comparison of Selected Jurisdictions (De Gruyter 2011)
Articles in the same Issue
- Masthead
- Punitive Damages – A Modern Conundrum of Ancient Origin
- Fault, Damage and the Equivalence Principle in French Law
- The New Turkish Tort Law
- Extracts from the New Turkish Code of Obligations
- The New Extra-Judicial Compensation System for Victims of Medical Malpractice and Accidents in Poland
- Punitive Damages in France: A New Deal?
- Compartmentalisation and Harmonisation of Tort Law in Europe: Damage Caused by GMOs as a Test Case
- Paula Giliker, Vicarious Liability in Tort – A Comparative Perspective (Cambridge University Press 2010)
- Bernhard A Koch (ed), Medical Liability in Europe. A Comparison of Selected Jurisdictions (De Gruyter 2011)
