Establishing profitable misconduct within the scope of civil damages (An analytical study in light of the draft French civil liability reform law scheduled for 2017(

Abstract

Abstract :With the acquisition of the draft Civil Damages Law of 2017, can this implementation project be at the level of the Civil Law for Civil Damages? The draft is also the first thing presented by the Ministry of Justice after the reform that was carried out with the Contract Law and Public Order and the proof of partial obligations for some drinks, and in fact the integration of the concept of profitable misconduct and the civil fine into the French Civil Code in the future.Which will respond with a fundamental change to the “reform” and “punish” functions of civil liability, by imposing a civil fine in the event that profitable misconduct occurs, as the civil liability law reform legislator provides an effective treatment for the phenomenon of profitable error, and the foundational elements of profitable misconduct and the penalties commensurate with illicit profit are the strengths of this legal system,Because the former makes it possible to determine the scope of the civil fine while the latter hinders any hope that the perpetrator (perpetrator of profitable misconduct) has of retaining the profit he has obtained.© 2023 TUJR, College of Law, Tikrit University