Comparative Private Law and Legal Pluralism | Page 9
Pretium et précision
While monetary awards are normally compensatory in civil law, they cannot obliterate extrapatrimonial losses Why should we even attempt to repair these losses? In the context of bodily injuries, the indemnity for extrapatrimonial losses is a representation of the damage. This notion of representation has two interrelated aspects First it insists on the qualitative equivalence […] Read more
La réforme du Code civil et le droit transitoire
Responsabilité médicale et “no fault”
Civil Law and Pure Economic Loss : What are we missing ?
The controversy surrounding the recovery at common law of negligently caused pure economic loss is a source of great wonderment for a civilian. Indeed, there does not appear to be, within civil law jurisdictions, any analogous debate on the nature of the prejudice entitling an injured party to claim compensation. Civil law knows of no […] Read more