2015 Fiscal Year Final Research Report
Remedy for Pure Ecological Damage, or Damage to Environment per se in French Civil Law
| Project/Area Number |
26780052
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Civil law
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| Research Institution | Akita University |
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Principal Investigator |
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| Project Period (FY) |
2014-04-01 – 2016-03-31
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| Keywords | 環境損害 / 民事責任 / フランス法 |
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| Outline of Final Research Achievements |
September 25, 2012, the Court of Cassation in French established the reparation for pure ecological damage (or damage to environment per se) under the civil liability in a case of marine pollution. Despite this precedent, there are still theoretical difficulties concerning the reparation for the pure ecological damage, for example, the bounds of damage covered by the reparation, methods of the reparation, and the use to which damages are put. In consequence, French law aims to surmount these difficulties in two aspects, interpretation and amendment of the Civil Code.
In Japan, the limitations of the interpretability and the necessity of an amendment concerning the Civil Code for reparation for pure ecological damage and the realization of the environmental protection through civil actions initiated by citizens have been recognized. So, in this research, movements in French law for the reparation for the pure ecological damage mentioned above were analyzed.
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| Free Research Field |
民事法学
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