LES RAMIFICATIONS DE L’INTERDICTION D’OPTER. Y A-T-IL UN CONTRAT? OU FINIT-IL?

Abstract

The rules of the Code dealing with civil liability have been thoroughly reorganized. They are now presented as a unit, made up of two branches: contractual liability and extracontractual liability. The reform of the Civil Code also brought another fundamental change. Although there are still a few differences between the two liability regimes, the legislator considerably reduced their number (for instance, the extinctive prescription periods and the conditions of reparation for moratory damages). The contrast between the two branches of liability has been lessened considerably. As a result, judges are now faced much less often with the dilemma of choosing between a contractual rule and an extracontractual rule.