The principles of compensation in the face of bodily injury (G. Wester)

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Sophie Pardoën

Published on Jan 17, 2022
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The conference presents the positions of the thesis "The principles of compensation in the face of bodily injury" defended on November 29, 2021 at the University of Lyon 3 and carried out under the supervision of Professor Stéphanie Porchy-Simon. Applicable to bodily injury, the principles of compensation are far from being scrupulously respected in practice. The meaning of full compensation is difficult to determine, consolidation complicates the principle of assessment on the day of judgment, the use of tools for determining and quantifying compensable damages does not always guarantee compliance with the principles of full compensation, generality and equivalence, assessment in concreto, etc. These difficulties, well known to specialists, are however not irremediable and it is possible to strengthen the application of the principles by proposing certain theoretical reforms to restore their meaning and scope. The tools of compensation should also be corrected in order to transform them into real vectors for applying the principles in the daily lives of those involved in compensation. Similarly, new forms of compensation such as compensation in kind or societal compensation are likely to participate effectively in the implementation of the principles, even if strict supervision is necessary to guarantee the rights of victims. Guillemette Wester holds a doctorate in private law from the University of Lyon 3 and is a temporary teaching and research associate at the University of Tours. Her research focuses mainly on civil liability law and compensation for personal injury.

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