التحولات المرتقبة في قواعد إدارة المسؤولية المدنية في التشريع المدني الفرنسي الحديث قراءة في مشروع قانون إصلاح نظرية المسؤولية المدنية الفرنسي "2017 PLRRC Urvoas“ : دراسة تحليلية معمقة

الملخص EN

The present research provides a jurisprudential reading of the draft law amending the provisions of civil liability in the French civil legislation of 2017, specifically in its section on civil liability management rules.

It attempts to clarify the new developments proposed by the proposed texts in order to clarify and highlight the expected changes in these rules; and to what its provisions have succeeded in dealing with the problems that these rules suffer from in the current legislation.

In addition, this research sheds legal light on the reality and reflections of this modern French experience for Arab jurists.

The research is carried out according to a thorough analytical and in-depth analytical study, which presents-in a comparative position - the reality of these rules in the previous, current, and prospective civil law "the law draft" in two main sections.

In the first section, we looked into the "exoneration and restricted conditions of liability" ; whereas in the second, we addressed the strict conditions of liability "penal conditions." The research reached the conclusion that the current law draft contains a lot of legislative boldness that although it deserves praise, it nevertheless needs correction.

It deserves praise since it re-examines many of the provisions that frame exempt and restrictive conditions of liability, including structuring the rules for such conditions, by consolidating them with their contractual and non-contractual dimensions.

In this way, they represent a correct legal "prima facie" true to the nature and concept of these conditions, distinguishing them from treaty compensation; a boldness that requires correction, in which it is hoped to expand the application of exempted and restrictive terms of liability to include strict conditions of liability.

Furthermore, it reconsiders the nature of interdependence between both the contract theory and the theory of liability.

In addition, it is hoped to reach full recognition of the conceptual difference between both penal clauses and treaty compensation.

At the same time, the horizontal extension of these requirements is accepted within the scope of non-contractual liability.