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Recherche sur l'articulation entre le droit commun et le droit spécial en droit de la responsabilité civile extracontractuelle

Abstract : For several years now, the issue of the simplification of the law is central in the juridicaldebate. The multiplication of rules of law, of their sources (national and international), as well astheir foundations (laws, rules, codes, etc.), is harmful to the clear understanding of the law andconsequently to the juridical safety.This statement can be made particularly in the field of extra contractual civil liability where normsfrom all origins, all natures and numerous founding bases are indeed to be found. Yet thesenorms overlap and compete in their scope of application, so that several norms may apply to thesame litigation. Therefore, the issue which arises is to ascertain beforehand option, the how toarbitrate among such competing and overlapping norms.In order to structure the norms of civil liability, it has been necessary to research and findprinciples enabling to designate the norms to be applied in the litigation. Two principles stand outfrom this research. The first one, called the guiding principle, is the principle of subsidiarity, whilethe second one, called the principle of revision, is a principle of interest, which is itself based onseveral instruments, such as: option, plurality, and hierarchy. The legislator, the judge and thevictim are obviously at the core of this system of links which, if it is correctly applied, shouldenable to solve all the competitions between norms, by designating the norm which is finallyapplicable.
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Submitted on : Friday, June 8, 2012 - 2:37:30 PM
Last modification on : Thursday, February 25, 2021 - 10:22:02 AM
Long-term archiving on: : Sunday, September 9, 2012 - 4:30:10 AM


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  • HAL Id : tel-00705891, version 1




Stéphanie Mauclair. Recherche sur l'articulation entre le droit commun et le droit spécial en droit de la responsabilité civile extracontractuelle. Droit. Université d'Orléans, 2011. Français. ⟨NNT : 2011ORLE0004⟩. ⟨tel-00705891⟩



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