PRESENT AND FUTURE OF THE CIVIL LIABILITY
PRESENT AND FUTURE OF THE CIVIL LIABILITY
Author(s): Aida Kemelmajer de CarlucciSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Civil Law, Public Law
Published by: Universul Juridic
Keywords: French Civil Code; Private and Public Law; Constitutionalization of tort law;
Summary/Abstract: While the initial preparatory steps were taken for the French Civil Code, a work which had such a great influence in the history of the western civil law, the legal expert Tarride said: “The law protects the citizens: whoever suffers a damage shall always find someone to repair it”. Nevertheless, as it is known, article 13821) of this code did not embed a solution so wide and generous for the victims; it followed the teachings of Domat, and it examined the fault; in other words, it does not order to indemnify all damages caused, but only the culpably caused damages. It is a question of a “law of closure” of a tort liability which, basically, is sustained by five articles) .
Journal: Law Review
- Issue Year: 2011
- Issue No: 01
- Page Range: 2-20
- Page Count: 19
- Language: English
- Content File-PDF