POUR UNE RECONNAISSANCE ENCADREE DES DOMMAGES-INTERETS PUNITIFS EN DROIT PRIVE FRANCAIS CONTEMPORAIN, A L’INSTAR DU MODELE JURIDIQUE QUEBECOIS

Abstract

Signs of the concept of punitive damages are present in the French system of law, but constitute a veiled reality. This veil seems to have been lifted, however, with the “Avant-projet de réforme du droit des obligations et du droit de la prescription” (s. 1371). The author examines the opportunity for official recognition of punitive damages in French law. Theoretical obstacles and real practical advantages are canvassed, and the relevant law of Québec is considered. The author concludes that punitive damages should be recognized in French law, because the acceptance of such a notion constitutes a satisfactory development in the internal evolution of civil liability, and demonstrates the influence of Québec law.