Tort Liability for the Act of a Minor Child: from the Special Regimes towards a General One?–A Comparison between French and Mauritian Laws

Goran Georgijevic

Makale detayları

Tort Liability for the Act of a Minor Child: from the Special Regimes towards a General One?–A Comparison between French and Mauritian Laws

Yazarlar:

Goran Georgijevic

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 75, pp.135-150

Belge Tipi:

Makale

Yayın Tarihi:

6/2025

Belge Dili:

Fransızca

Document ID (Org No.):

2001338603

pISSN:

0578-9745

Anahtar kelimeler:

Özet:

 Both the French and the Mauritian Civil Codes, the latter being, for historical reasons, strongly influenced by the former, contain special rules on tort liability for the acts of minors. These rules concern the tort liability of parents, educational staff, and public schools. However, the reflection on this type of tort liability and its specificity can go beyond the existing legal framework, as a minor child can be handed to another person on the grounds of a state courts judgement or an administrative decision. Can we imagine a general regime of tort liability for acts committed by a minor child? This study aims to answer the above question. On the one hand, we will analyse the essential conditions of such a regime and, on the other hand, we propose the nature of tort liability for the acts of a minor child under such a general regime. We will use a traditional analytical method in which legal analysis draws upon available legislation, case law, and scholarly writings.

 Both the French and the Mauritian Civil Codes, the latter being, for historical reasons, strongly influenced by the former, contain special rules on tort liability for the acts of minors. These rules concern the tort liability of parents, educational staff, and public schools. However, the reflection on this type of tort liability and its specificity can go beyond the existing legal framework, as a minor child can be handed to another person on the grounds of a state courts judgement or an administrative decision. Can we imagine a general regime of tort liability for acts committed by a minor child? This study aims to answer the above question. On the one hand, we will analyse the essential conditions of such a regime and, on the other hand, we propose the nature of tort liability for the acts of a minor child under such a general regime. We will use a traditional analytical method in which legal analysis draws upon available legislation, case law, and scholarly writings.

 Both the French and the Mauritian Civil Codes, the latter being, for historical reasons, strongly influenced by the former, contain special rules on tort liability for the acts of minors. These rules concern the tort liability of parents, educational staff, and public schools. However, the reflection on this type of tort liability and its specificity can go beyond the existing legal framework, as a minor child can be handed to another person on the grounds of a state courts judgement or an administrative decision. Can we imagine a general regime of tort liability for acts committed by a minor child? This study aims to answer the above question. On the one hand, we will analyse the essential conditions of such a regime and, on the other hand, we propose the nature of tort liability for the acts of a minor child under such a general regime. We will use a traditional analytical method in which legal analysis draws upon available legislation, case law, and scholarly writings.

 Both the French and the Mauritian Civil Codes, the latter being, for historical reasons, strongly influenced by the former, contain special rules on tort liability for the acts of minors. These rules concern the tort liability of parents, educational staff, and public schools. However, the reflection on this type of tort liability and its specificity can go beyond the existing legal framework, as a minor child can be handed to another person on the grounds of a state courts judgement or an administrative decision. Can we imagine a general regime of tort liability for acts committed by a minor child? This study aims to answer the above question. On the one hand, we will analyse the essential conditions of such a regime and, on the other hand, we propose the nature of tort liability for the acts of a minor child under such a general regime. We will use a traditional analytical method in which legal analysis draws upon available legislation, case law, and scholarly writings.

Makale detayları

Tort Liability for the Act of a Minor Child: from the Special Regimes towards a General One?–A Comparison between French and Mauritian Laws

Yazarlar:

Goran Georgijevic

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 75, pp.135-150

Belge Tipi:

Makale

Yayın Tarihi:

6/2025

Belge Dili:

Fransızca

Document ID (Org No.):

2001338603

pISSN:

0578-9745

Liability tort

child

minor

France

Sayı

Makale detayları

Tort Liability for the Act of a Minor Child: from the Special Regimes towards a General One?–A Comparison between French and Mauritian Laws

Yazarlar: Goran Georgijevic

Yayıncı: Istanbul University

Ana Başlıklar: Law in Context (Other)

Dergi: Annales de la Faculté de Droit d’Istanbul Issue 75, pp.135-150

Belge Tipi: Makale

Yayın Tarihi: 6/2025

Belge Dili: Fransızca

Document ID (Org No.): 2001338603

pISSN: 0578-9745

Liability tort

child

minor

France

Sayı

Yazarlar:

Goran Georgijevic

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 75, pp.135-150

Belge Tipi:

Makale

Yayın Tarihi:

6/2025

Belge Dili:

Fransızca

Document ID (Org No.):

2001338603

pISSN:

0578-9745