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Theses

La réforme de la responsabilité civile en droit suisse : modèle pour le droit français?

Abstract : The French Tort Law derives from a codification partially obsolete and from an abundant case law. It is consequently inadapted to the the current requirements and hardly available. Due to its importance from both economic and social points of view, it may be justified to make it evolve, in order to propose to both litigant and practitioner some clear, modern and efficient rules. To this end, various reforms projects have been proposed by the legal doctrine. In this prospective context, the confrontation between the French Law and a foreign Law one may provide new pieces of reflexion. The Swiss Tort Law, recently codified, and resulting from an original reflexion on French and German legals doctrines, has experienced a Reform Project during the last two decades. Then, its analysis could be use as a basis for the proposal of a coherent Reform Project for the French Law. The preliminary purpose of the works described in this thesis is to describe and analyse the Swiss Reform Project, based on the comparative study of French and Swiss Laws. From this analysis, a reflexion is then carried out, in order to assess the relevance of using (partially or completely) or inspiring from the Swiss proposals, in a French Reform framework. Based on this study, a concrete proposal is made for a Reform Project, devoted to improve, or even modify, certain legislative norms of the French Tort Law.
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https://tel.archives-ouvertes.fr/tel-00630169
Contributor : Eve Matringe <>
Submitted on : Friday, October 7, 2011 - 2:55:52 PM
Last modification on : Friday, October 23, 2020 - 4:38:39 PM
Long-term archiving on: : Sunday, January 8, 2012 - 2:30:45 AM

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  • HAL Id : tel-00630169, version 1

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Eve Matringe. La réforme de la responsabilité civile en droit suisse : modèle pour le droit français?. Droit. Université de Strasbourg, 2010. Français. ⟨tel-00630169⟩

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