La règle de non-cumul
La règle de non-cumul is a principle of French law which regulates whether an action should be brought under contract law (la responsibilité civile) or tort law (la responsibilité delictuelle).
It states that where there is a contract, an action can only be brought under contract law and when there is no contract an action can only be brought under tort law.
See also
- Henderson v Merrett Syndicates Ltd, a House of Lords decision which acknowledged that this rule does not exist in English law.
References
- Droit Civil, Brigitte Hess-Fallon - (2005) 8eme edition.
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