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Fault, Damage and the Equivalence Principle in French Law

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 façade than a genuine reflection of French law, which provides for both the differentiated protection of interests and a hierarchical ordering between them.
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Contributor : Christophe Quézel-Ambrunaz Connect in order to contact the contributor
Submitted on : Tuesday, February 24, 2015 - 12:11:12 PM
Last modification on : Tuesday, January 12, 2021 - 9:50:03 AM

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Christophe Quézel-Ambrunaz. Fault, Damage and the Equivalence Principle in French Law. Journal of European tort law, de Gruyter, 2012, 3 (1), pp.21-43. ⟨10.1515/jetl-2012-0021⟩. ⟨hal-01119907⟩



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