Jump to ContentJump to Main Navigation
Liability for ProductsEnglish Law, French Law, and European Harmonization$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 October 2021

Droit Privé: Liability for the Provision of Services Involving Products

Droit Privé: Liability for the Provision of Services Involving Products

(p.99) 5 Droit Privé: Liability for the Provision of Services Involving Products
Liability for Products


Oxford University Press

This chapter looks at how French private law governs the liabilities of a number of other categories of person for products which are involved in the provision of a service in a very broad sense. This involvement may consist of the transfer of a product from one person to another, as where goods are provided as part of the provision of a wider service, as in a restaurant meal, building a house, or hiring a boat; while sometimes the product is the subject matter of the service in a different sense, as in the case of the designer of a car, or the consultant surveyor of a new building. In French law, all the cases treated here find a common basis in the contrat de louage (‘hire’ in a very general sense), which, following its Romanist origins, then divides into the hire of things (louage des choses, whether these are movable or immovable); the hire of services (contrat de louage d’ouvrage, but now more frequently contrat d’enterprise); and contracts of employment (louage de service, now termed contrat de travail). The chapter considers examples of the first two, the present discussion being restricted to private law; it looks later at the law governing the provision of public services (whether this law is private or administrative). Very little of the private law governing liability of the provider of a service stems from the Civil Code as originally drafted, but rather reflects modern legislative and judicial developments.

Keywords:   private law, liability law, service provision, construction, services

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .