Dear All,

 

For those who are interested in civil law systems, some news concerning the reform of the law of obligations in France.

 

After the reform of contract law (entering into force this October) of which many of you will be aware, the French Ministry of Justice is currently consulting on a proposed reform of the law relating to delictual liability, thereby rewriting and fleshing out the iconic rules set out in Articles 1382 - 1386 of the French Civil Code. The current proposal includes a series of innovations including a mechanism for awarding exemplary / extra-compensatory damages (referred to as a "civil fine") extending to 10% of worldwide turnover for companies, the introduction of an obligation to mitigate losses (not applicable to PI), and the re-opening of the long-running debate concerning the development risks defence in Product Liability et al.....

 

The current proposal can be found here : www.textes.justice.gouv.fr/textes-soumis-a-concertation-10179/consultation-publique-sur-la-reforme-de-la-responsabilite-civile-28936.html

 

Best regards,

 

Duncan