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The protection of victims requires a comparative approach, rich in lessons learned (M. Delmas-Marty, Victims: benchmarks for a comparative approach, RSC 1984. 209). Unlike other legal systems – such as German law (R. Schulze, The Current State of German Liability Law, in G. Wicker, R. Schulze and G. Mäsch [dir.], The reform of civil liability law in France. 8And Franco-German days, flight. 35, Comparative Legislation Society, 2021, p. 39 s.) – French law does not provide for any exhaustive list of reparable damages.
Based on the principle of full reparation (constant from Civ. 2And, 28 October 1954, JCP 1955. II. 8765, note Savatier), all damages, whether of a patrimonial or non-patrimonial nature, are likely to be taken into consideration. However, this raises particular difficulties regarding the moral suffering suffered by the relatives of the direct victim, arousing the reluctance of some of the doctrine (G. Ripert, The price of pain, D. 1948. Chron. 1; P. Esmein, The Commercialization of pain moral, D. 1954. Chron. 113).
“The loss of a spouse, a child or a parent can seem shocking: the loss of a loved one is not only not ‘repairable’, but it seems difficult to ‘compensate’ with money” (Y. Lambert-Faivre and S. Porchy Simon, Personal Injury Act9And ed., Dalloz, 2022, n.272, p. 271).
In other words, “this post could seem suspicious, the accusation of ‘monetising tears’ was easily leveled at the indirect victims” (C. Quézel-Ambrunaz, Personal Injury Act, pref. P. Brun, LGDJ, Lextenso, 2022, n.300). However, their compensation is accepted by the two orders of jurisdiction (as Cass. ch. united, 15 June 1833, S. 1833. I. 458 and CE 24 November 1961, Letisserand, D. 1962. 34, concl. C.Heumann).
Some ask for a reformulation of the distinction between direct victim and indirect victim, for example by transforming a relative of the victim of the initial attack into a direct victim following the renewal of the notion of “rebound damage” (M. Viglino, Compensation for damages in the event of the death of the direct victim, pref. C. Quézel-Ambrunaz, PUSMB thesis, 2020, nbone 211 sec.).
Validation of the strict conditions for compensation for non-material damage under German law
The judgment given by the Court of Justice of the European Union (CJEU), concerning the interpretation of Article 3(4) of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 on insurance of civil liability arising from the use of motor vehicles and the control of the obligation to insure such liability, validates the strict conditions for compensation for non-material damage to family members of the deceased direct victim provided for by German law, in the version applicable in this case. It is therefore an opportunity to remember, in reversethe flexibility shown by French law on the matter, which compensates for the moral damages of relatives much more easily and widely.
In this case, a woman dies in a road accident in Germany in 2014. The insurer of the person responsible (a German insurance company) pays the children of the deceased – who live in Bulgaria – 5,000 euros as compensation for the damage related to the death of the woman. their mother. The latter, deeming this amount insufficient, take legal action…
#Compulsory #car #insurance #nonpecuniary #damage #relatives #Insurance
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