프랑스 민법상 손해배상에 관한 합의

There have been many recent changes in the French Civil Code. Articles of the law of obligations and security law have been revised and Articles of tort law are expected to be revised. In relation to the revision of the tort law, the Ministry of Justice (2017) and the Senate (2020) submitted amendments, and both of the amendments include provisions related to agreements on compensation for damages. Article 1231-5 of the French Civil Code, revised in 2016, stipulates agreements on compensation for damages within the scope of contract law, and the amendment to the Tort law predicts that the article will be revised again. These amendements stipulate two methods of agreement on compensation, a method of excluding or limiting liability for damages and a Penalty Clause, and these provisions cover both contractual and extra-contractual liabilities. This point appears in the article of excluding or limiting liability for damages and in the fact that the revised articles use different terminology compared to Article 1231-5 of the French Civil Code. In addition, in relation to compensation for damages for torts, the possibility of reduction of liquidated Damages and greater protection against physical damage may be said to be characteristics. French tort law amendments are quite different from the Korean civil law. It is worth taking note of the court’s right of reduction of liquidated Damages and greater protection against physical damage. However, since there are still unclear parts in the amendments, additional research will be needed for future amendments.