The “private” law’s response to accident, illness and disability

As part of the RCSR project, the USMB Faculty of Law was represented by Vincent Rivolier at the symposium “The “private” law’s response to accident, illness and disability”.

Symposium co-organized by the University of Otago and the City University of Hong Kong.

Date : February 18 and 19, 2019
Place : Hong Kong

New Zealand has had a unique no-fault accident compensation scheme since the 1970s. It has been a reference point in the legal literature, but no other country has adopted a similar universal approach, though there are instances of no-fault liability schemes that avoid private redress and within the private law strict liability has been invoked in
some areas. The objectives of conference are to:

  • To assess the no-fault regime in New Zealand and consider whether it should be expanded to cover any disability irrespective of cause;
  • To consider the reaction to the no-fault principle in other countries;
  • To analyse private law reforms moving away from fault as the basis for compensating for accident, illness and disability;
  • To justify why certain areas are marked out for special treatment; and
  • To consider the interaction between private law, insurance and administrative compensation schemes.

The paper will focus on compensation of accidents, illnesses and disabilities caused by a medical intervention (private practitioners, public and private hospitals) in the French legal system. The French current system mixes fault based and strict liabilities (with a compulsory insurance) and no-fault compensation system (by a state agency “ONIAM”). When a patient claims compensation from medical professionals, hospitals, their insurers or ONIAM, out-of-court settlements are promoted through regional “Conciliation and Compensation Commissions”. ONIAM’s intervention is subsidiary. It compensates damages when no fault can be identified (no-fault scheme) or when a fault can be identified but no agreement can be reached between the victim and the insurer (in such case, ONIAM is subrogated against the insurer). So the compensation’s funding mixes a private origin (insurance premiums by medical professionals) and general taxation (through no-fault compensation by ONIAM, or through some financial support to medical professionals when they could not find an affordable insurance).

This equilibrium was found in 2002 (2 March 2002 Act and 30 December 2002 Act). It addresses two concerns of that period. The first one was the development of litigations against medical professionals, and the extension, through judge-made law, of strict liability cases (notably in case of nosocomial infections). The second one, partly caused by the first, was an “insurance crisis”. Many companies withdrew from the medical insurance market, and insurance premiums increased to such extent that they became unaffordable for some specialists.

More information [here]

Program Interreg ALCOTRA 2014-2020

TEM “Conference on tourism and local development of mountain regions”
Courmayeur, Italy, 26-27 June 2017
University of Aosta Valley and University of Chambery.

This event is the kick-off conference of the EU ALCOTRA project and it is intended to put together scientists coming from different fields such as economics, marketing and law.

Contact the LLSETI : Cristina Vignali

Contact the CDPPOC : Marie Courrèges et Jean-François Joye

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M2 European and International Business Law

Please find below some important dates related to Semester 3 of Master 2 EIBL in Chambéry.

  • EIBL Master 2 (Semester 3): a compulsory but very friendly “Start of the year” (including a short presentation of all lectures, various administrative information, official welcome and informal drink, Q & A with the students) will be organized at the Faculty of Law of Chambéry on Monday September 11, 2017 (Week 37).
  • This welcome and organization meeting will be followed by the first lectures starting on Wednesday September 13 (Week 37)”
  • Period of break: All Saints Holiday period from Saturday October 28 through Sunday November 5, 2017
  • Period of exams: all exams will be held from Wednesday December 13 through Wednesday December 20, 2017 included (Weeks 50 and 51)
  • End of Semester and beginning of Christmas Holiday period: Friday evening December 22, 2017