Journal of European Tort Law
Editor-in-Chief: Oliphant, Ken
Ed. by Karner, Ernst / Koch, Bernhard A. / Wendehorst, Christiane
Fault, Damage and the Equivalence Principle in French Law
- *Maître de conférences, Université de Grenoble. The author would like to thank Jaimini Vyas, WB National University of Juridical Sciences (Kolkata, India) for his valuable assistance in improving the language of this article, and Adam Duchemann, Université de la Réunion (France), for the translation of the French quotations into English, as well as the JETL editorial team for their help in preparing this article for publication.
- Other articles by this author:
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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.