A first approach to the avant-projet catala and to the new contractual liability and tort in French law

Abstract

Historically, the Napoleonic Code has been a key to Spanish Civil Law, having been used in part as a model. Hence the need for a study of the recent Avant-Projet CATALA, which tends to profoundly reform the French Civil Code. This Avant-Projet, despite being designed exclusively for French national law, will undoubtedly serve as inspiration for many national or intra-national legal corps, whether or not they have been rooted in French Law, above all because it has been prepared by one of the most prestigious groups of French academics. In the following pages, the aim has been to focus attention on a precise topic covered by this ambitious text, namely liability. An attempt will be made to analyze the most important developments regarding the current civil code and what exactly the new points of contact and differences between contractual liability and tort are.

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