Research on the relation between ordinary law and special extra contractual civil liability law

For several years now, the issue of the simplification of the law is central in the juridicaldebate. The multiplication of rules of law, of their sources (national and international), as well astheir foundations (laws, rules, codes, etc.), is harmful to the clear understanding of the law andconsequently to the juridical safety.This statement can be made particularly in the field of extra contractual civil liability where normsfrom all origins, all natures and numerous founding bases are indeed to be found. Yet thesenorms overlap and compete in their scope of application, so that several norms may apply to thesame litigation. Therefore, the issue which arises is to ascertain beforehand option, the how toarbitrate among such competing and overlapping norms.In order to structure the norms of civil liability, it has been necessary to research and findprinciples enabling to designate the norms to be applied in the litigation. Two principles stand outfrom this research. The first one, called the guiding principle, is the principle of subsidiarity, whilethe second one, called the principle of revision, is a principle of interest, which is itself based onseveral instruments, such as: option, plurality, and hierarchy. The legislator, the judge and thevictim are obviously at the core of this system of links which, if it is correctly applied, shouldenable to solve all the competitions between norms, by designating the norm which is finallyapplicable.

Data and Resources

Additional Info

Field Value
Source https://theses.hal.science/tel-00705891
Author Mauclair, Stéphanie
Maintainer CCSD
Last Updated May 15, 2026, 21:24 (UTC)
Created May 15, 2026, 21:24 (UTC)
Identifier NNT: 2011ORLE0004
Language fr
Rights https://about.hal.science/hal-authorisation-v1/
contributor Centre de recherche juridique Pothier (CRJP) ; Université d'Orléans (UO)
creator Mauclair, Stéphanie
date 2011-11-10T00:00:00
harvest_object_id 1ddbcdba-94fd-4bec-b2d4-203bfdd4a772
harvest_source_id 3374d638-d20b-4672-ba96-a23232d55657
harvest_source_title test moissonnage SELUNE
metadata_modified 2026-03-30T00:00:00
set_spec type:THESE