Damage (right)

The damage is the attack with a patrimonial or extra-patrimonial interest of a person whom one calls Victime. The victim can be " immédiate" , i.e. when it suffers the injury in an immediate way. It can be also " by ricochet" , i.e. when it suffers the injury in a mediate way, therefore via the victim of a damage. There exist three types of damage: physical injury, material damage and moral damage.

Various types of damage

Physical injury

It is about an attack to the physical integrity of a person (blows, wounds, etc). These attacks constitute a damage, such as the damage of approval, i.e. the deprivation total or partial, provisional or final of the pleasures of the life and the joys of the existence, but also the damage of esthetics consisting in the persistence of a permanent disgrace at the victim.

There does not need to be aware of its damage to see it repairing. It is the judge who will appreciate the damage objectively.

Material damage

It is about an attack to the inheritance of the victim. The evaluation of the damage will be done compared to the value of replacement of the good having undergone the attack. This value is appreciated supremely by the judge according to the principle of integral repair.

Moral damage

It is about an attack to the extra-patrimonial interests of the victim. During very a long time, jurisprudence refused to repair the moral wrong being given the difficulty of appreciation. Today, this type of damage is reparable. Thus the repair of the pretium doloris (price of the pain), as well as the compensation for damage of assignment (damage resulting from the attack to the psychic or moral integrity of a expensive being) are possible. Most of the time, these damages are refunded by damages.

Characters of the reparable damage

The damage must be certain

One cannot ask for the repair of a damage which would be only possible. Only the unquestionable damage is reparable, i.e. that which one shows to endure or be about to endure. Thus, the damage cannot be hypothetical.

Concerning the case of a damage related to a loss of chance: the loss of chance is the situation in which the supervening of the generating Fait responsibility with prevented from putting forward its chances of realization of a favorable event. To admit the existence even loss of chance, jurisprudence attempts to raise a real chance and serious . To in no case, the compensation for this loss of chance cannot come to compensate for the defect of realization of this event. As regards contractual Talks, since the stop Manoukian , one cannot ask for the compensation for the loss of chance to conclude the contract.

The damage must be the direct consequence of the operative event of responsibility

So that the damage is reparable, it must rise from the generating Fait responsibility. The problem arises when with knowing until where can one go up in the causes of the phenomenon. Thus, two theories emerge from these problems:

the theory of adequate causality : one does not retain as causes damage, among all the events which contributed to its realization, that which made it most probable.
the theory of the equivalence of the conditions : any event having contributed of near or by far to the realization of the damage is famous being the cause.

Under cover them sovereign capacity of appreciation, the judges make application of adequate causality rather

The damage must carry reached to a legitimately protected interest

It is about the application of the article of the New Code of Civil procedure:

the action is opened with all those which have a legitimate interest with the success or the rejection of a claim, subject to the cases in which the law allots the right to act with the only people that it qualifies to raise or fight a claim, or to defend a given interest.

It is also about the application of jurisprudence in its famous stop '' Perruche ''.

Compensation for the damage

As regards criminal responsibility, one compensates the unit for the damage, while of contractual liability, only what stipulated the contract. The article of the Civil code provides that only the compensation for the damage foreseeable at the day of the contract signature is possible. Moreover this article specifies that if the inexecution of the contract is due to a heavy Faute or fraudulent on behalf of the debtor, then it is the entirety of the damage which will be made good.

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