Compensation for damages arising from public works according to trends of the French Judicial discretion

Abstract

The compensation system for public works damage has a particular nature, not only in relation to private law, but also to the provisions of the law of administrative liability. Most of the compensation system resulting from these provisions was exclusively determined by case law that extended the particularism of the compensation system. However, compensation obviously remains subject to certain rules of the administrative liability law, similar to those of private law. Regarding the eligibility conditions for compensation rights, the area of public works has seen various developments of mechanisms of strict liability. Therefore, in the filed of public works, the conditions for compensation remain subject to certain rules of public law, such as the confirmed and direct nature of the damage, or its connection to public administrative work and other rules that the French judiciary had a creative and innovative role in establishing.