The civil fine in the French Legal Order: “When your neighbor’s bears ...”
Abstract
In the French legal system, as well as in the Spanish one, it has traditionally been affirmed the exclusive redress purpose of civil liability, discarding any preventive or punitve aim. However, when it comes to private international law, it has been firmly stated that institutions like anglo saxon punitive damages are not contrary to the french public order. In fact, it is not difficult to find some preventive and punitive reminiscences both in the civil judicial decitions and in some specific civil legal institutions. These reaches it greatest expression with the civil fine, which has already been introduced in the french legal system through competition law and has been forseen by all the modification projects of the french Civil Code from more than one decade ago to present day. To this extent, the evolution followed in France, which tends to expand the purposes of civil order, may serve as a guide or a warning for our own legal system.
Received: 14.06.2019
Accepted: 16.12.2019
Published online: 31.12.2019
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Last update: 08/02/2022
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