L’évaluation du DCFR au regard de la problématique de la perte de chance et de la causalité alternative

Abstract

The Draft Common Frame of Reference is an academic instrument for the harmonization of private law between EU States and was drafted in 2006 by the Study Group on a European Civil Code and the Research Group on Existing EC Private Law (the ‘Acquis Group’). Beyond its aim of a future European Civil Code, the DCFR is an academic work which provides a comparative analysis of private law between EU countries and it is also an example for future and current national reform of private law. This essay analyses chapter 6 of the DCFR which concerns ‘Non-contractual liability arising out of damage caused to another’ and, more specifically, the area of loss of chance and alternative causation. On the first hand, DCFR tries to harmonize the controversial area of loss of chance as an independent form of damage, one can however conclude that the aim of the DCFR is not reached. On the other hand, concerning alternative causation, the DCFR distinguishes two situations, the ones where multiple potential authors caused a damage to one victim, and the ones where multiple potential authors caused a damage to multiple victims. The solution adopted for each situation is different from the one adopted by the Principle of European Tort Law (PETL), which is another project of harmonization concerning torts specifically.