Chapter

Introduction to the Private and Public Laws of Liability in France

SIMON WHITTAKER

in Liability for Products

Published in print September 2005 | ISBN: 9780198256137
Published online March 2012 | e-ISBN: 9780191681639 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198256137.003.0002
Introduction to the Private and Public Laws of Liability in France

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French law is famous for the sharpness with which it draws the distinction between private law and public (and particularly administrative) law, revealed at the level of the courts’ jurisdiction, as well as at the levels of substantive law and legal procedure. The French law of liability demonstrates many of the key features of this division between administrative and civil, public and private. This chapter outlines the very basic features of the regimes of liability, notes the influence of liability insurance in their development, and outlines how insurers and others who pay compensation to primary claimants may themselves have a claim for an indemnity in respect of these payments. These latter features are important in forming an understanding of how liability is channelled in the system.

Keywords: French law; private law; public law; liability law; liability insurance; compensation

Chapter.  12679 words. 

Subjects: Comparative Law

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