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Liability for ProductsEnglish Law, French Law, and European Harmonization$
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Simon Whittaker

Print publication date: 2005

Print ISBN-13: 9780198256137

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198256137.001.0001

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Introduction to the Private and Public Laws of Liability in France

Introduction to the Private and Public Laws of Liability in France

Chapter:
(p.18) (p.19) 2 Introduction to the Private and Public Laws of Liability in France
Source:
Liability for Products
Author(s):

SIMON WHITTAKER

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198256137.003.0002

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

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