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Journal of European Tort Law

Editor-in-Chief: Oliphant, Ken

Ed. by Karner, Ernst / Koch, Bernhard A. / Wendehorst, Christiane

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The Culture of Tort Law in France

Jean-Sébastien Borghetti
Published Online: 2012-09-12 | DOI: https://doi.org/10.1515/jetl-2012-0158


French tort law is well known for its victim-oriented approach and is, in the eyes of many, the very example of what should not be done if the floodgates of litigation and compensation are to be kept closed. Yet, despite their breadth, the rules of tort law have not wrought the kind of havoc in France’s society and economy that one might have expected. It is this article’s hypothesis that at least part of the explanation for this lies in the culture surrounding French tort law. The article thus investigates the important elements of the culture, particularly the broader legal and social context, of which French tort law is a part, as well as the mentality and habits of tort law’s key ʻplayersʼ namely, legal academics, judges and attorneys.

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Published Online: 2012-09-12

Published in Print: 2012-08-01

Citation Information: Journal of European Tort Law, Volume 3, Issue 2, Pages 158–182, ISSN (Online) 1868-9620, ISSN (Print) 1868-9612, DOI: https://doi.org/10.1515/jetl-2012-0158.

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© 2012 Walter de Gruyter GmbH, Berlin/Boston.Get Permission

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