¿Siguió el Código civil francés el pensamiento de Domat en materia de culpa (faute) extracontractual?

Abstract

This paper proposes a revision to the traditional view, which states that the liability rules of the Code and in particular, the content of faute, was taken from Domat. The article makes a brief review of the history of the French codifi cation and the consecration of the faute in its provisions, the doctrinal positions regarding the philosophical foundation that moves its rules and how they impact positions on the liability rules. Finally, the third part is dedicated to argue, from the methodological, anthropological and philosophical perspective the idea that the Code, even when you follow the work of systematization of Domat, did not incorporate their ideas and philosophical and moral vision, which ultimately is It has resulted in an erroneous reading of the fault.