COMPARATIVE TORT - CONTRACTUAL LIABILITY

Last Updated on Sunday, 22 May 2011 08:19 Written by Administrator Saturday, 09 August 2008 08:33

COMPARATIVE TORT - CONTRACTUAL LIABILITY

The French legal system has, in civil liability, a feature ignored by most foreign legal systems, which is to make a distinction between tort and contractual liability, a distinction that seems to be dictated by the different origin sources of obligation to repair. Indeed, the obligation of reparation is, in tort, the result of a legal obligation to repair an offense or quasi tort (art 1382/1383), while in matters of contract it from conventional (Art 1134 - agreements validly formed lieu of law to those who have subscribed). The opposition sources leads us to determine that there is a difference in diet between tort and contractual liability, opposition is illustrated primarily by the rule of non-accumulation of these responsibilities: when it there is a contract, the prevailing contractual liability on the tort. Nevertheless, despite the specificities presented by each of these responsibilities (I), which obviously appreciate peculiarities in their effects (B) but also in a singular way in conditions of implementation (A), both repair systems have some similarities (II), both methods of implementation (A) or the effects that flow from (B).