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Responsabilité civile et procédures collectives.

Abstract : Civil liability and collective procedures, are terms in the effects a priori irreconcilable. Nevertheless, the legal politics of the collective procedure uses, so as to coherent and opportunist time, the civil liability, which is then put in the service of its purposes and of his regime and the use of which shows itself fluctuating and opportunist. The profit ? The mutation of the civil liability. Indeed, on one hand the legal efficiency of the law of the collective procedures makes its function evolve. Established on a balance of the interests, itprotects her. On the other hand, it develops the regime of the civil liability, that is his conditions of bottom or shape. But why to confine the protection of the interest in the collective procedure? Cannot we see in this function, the direction of the evolution of the civil liability in business law?
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Submitted on : Thursday, February 2, 2017 - 5:35:05 PM
Last modification on : Wednesday, March 23, 2022 - 3:51:06 PM
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  • HAL Id : tel-01453399, version 1



Maxime Cottigny. Responsabilité civile et procédures collectives.. Droit. Université du Droit et de la Santé - Lille II, 2016. Français. ⟨NNT : 2016LIL20013⟩. ⟨tel-01453399⟩



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