Abstract EN:

Civil liability is based on causality and therefore should be limited to damages actually incurred. This is not always the case. A harmonisation of liability is possible as a result of causality. Firstly, harmonisation in respect of the delimitation of liability. Since liability is based on causality, which is divisible, the regimes governing the delimitation and exemption of liability must be revisited. Second, harmonisation in respect of the scope of internal and external parameters of liability. The autonomy of the will permits derogation from the principle of causality. A new frontier can be thus defined between the two regimes of liability. Contractual liability only concerns situations where the parties have expressly derogated from the principle of causality. Civil liability is increasingly used to guaranty indemnification for damages incurred rather than the mere reparation of the damage. The indemnification funds have thus substantially divergent regimes. Causality allows classification of these funds, of which the harmonisation and limitation of proliferation could be achieved by the creation of two central funds, delimiting a clear external frontier of liability.