Prof. Mohammad Arfan Alkhatib
Professor of Civil Law – Ahmad Bin Mohammad Military College – Doha – Qatar

Abstract:

This research presents an original academic study to examine the deep philosophical dimension of the draft of the Civil Liability Reform Act of 2017, currently presented to the French government, as it would represent the new law of civil liability theory in modern French civil legislation, by attempting to indicate if the general philosophy of this project may enable to establish a new foresight vision based on the unity of civil liability within this system, based basically on its binary, through the search for the “embedded”, rather than the “expressed” in the texts of this project.
The task is carried out by attempting to prove that through the in-depth analysis of two major aspects that clearly emerged within the spirit and philosophy of this project. The first is related to the abandonment of the legal term of tort liability in favor of non-contractual liability; whereas the second is understood by the great decline of the theory of error within the texts of this project, at the expense of the theory of damage, so as to highlight, at the end of this study, the general foresight aspects of this liability, the liability of a credit governed by: “contractual term cover”, in form, and by: “objective dimension” in originality.

Keywords: Bill reform of the theory of the credited liability, Liability unity, Non-contractual liability, Contractual liability, Error, Damage.

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