Standard of proof
In contractual matters, the claimant must prove, depending on the obligation that
was not performed properly, either that a certain result has not been reached
(ìobligation de rÈsultatî), or that the defendant has not comply with his obligation
to adopt a certain conduct by all means (ìobligation de moyenî).
As regards the infringement in tort claims, the claimant must prove a fault i.e.
either a breach of the law, or the fact that the defendantís behaviour was not that
of a person exercising average care and diligence in the same situation (ìbon pËre
de familleî).
There is no definition of this notion, and the judges adopt a case-by-case
approach. The absence of a textual definition allows more flexibility in the
appreciation of the behaviour of a particular person or of a professional
undertaking by the judge.
Furthermore, in actions for damages, the standard of proof ìbeyond reasonable
doubtî does not exist. The only criteriais that the evidence presented by the
parties must convince the judge (ìemporter la conviction du jugeî). This is a
general principle of French law with no specific legal basis47. As an example, in
Mors/Labinal, the judgment mentioned that the expert's opinion had convinced the
judge ("emporter la conviction") as to the elements of the damage that was
suffered by Mors. In practice, ìemporter la conviction du jugeî means that the
parties need to place the judge in the situation where he does not need
Standard of proofIn contractual matters, the claimant must prove, depending on the obligation thatwas not performed properly, either that a certain result has not been reached(ìobligation de rÈsultatî), or that the defendant has not comply with his obligationto adopt a certain conduct by all means (ìobligation de moyenî).As regards the infringement in tort claims, the claimant must prove a fault i.e.either a breach of the law, or the fact that the defendantís behaviour was not thatof a person exercising average care and diligence in the same situation (ìbon pËrede familleî).There is no definition of this notion, and the judges adopt a case-by-caseapproach. The absence of a textual definition allows more flexibility in theappreciation of the behaviour of a particular person or of a professionalundertaking by the judge.Furthermore, in actions for damages, the standard of proof ìbeyond reasonabledoubtî does not exist. The only criteriais that the evidence presented by theparties must convince the judge (ìemporter la conviction du jugeî). This is ageneral principle of French law with no specific legal basis47. As an example, inMors/Labinal, the judgment mentioned that the expert's opinion had convinced thejudge ("emporter la conviction") as to the elements of the damage that wassuffered by Mors. In practice, ìemporter la conviction du jugeî means that theparties need to place the judge in the situation where he does not need
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