The ‘Loi Badinter’
| Published date | 01 December 1996 |
| Date | 01 December 1996 |
| DOI | 10.1177/1023263X9600300402 |
| Author | André Tunc |
| Subject Matter | Article |
Andre Tunc *
The
'Loi Badinter'
Ten Years of Experience
On 5 July 1985, the French Parliament passed a bill
tendant
it I'amelioration de la
situationdes
victimes
d'accidents de la
circulation
et itl'acceleration des procedures
d'indemnisation. As an acknowledgment of the merits of the Minister of Justice, Robert
Badinter, in the obtainment of the statute, the bill immediately became commonly called
the loi Badinter. The vote had been unanimous, but it had been the temporary con-
clusion of a long fight of a rare violence.
Ten years later, a large conference was organised by the
Editions
du
Juris-classeur,
with the cooperation
of
the
Groupement
des
Entreprises
Mutuelles
d
'Assurances
on the
theme: Dixieme anniversaire de la loiBadinter surla
protection
des
victimes
d'
accidents
de la circulation: bilan et perspectives. The climate had dramatically changed: the
statute no longer had any enemies; on the contrary, the general agreement was in favour
of
aradicalization of the law and its extension to drivers, presently excluded from
automatic protection.
For
the political scientist as well as for the jurist, it would be fascinating to read a full
history
of
the law. More modestly, this article will: a) present the main provisions of
the law; b) give a brief view of its history, its justification and the hostilities it has
encountered; c) sketch its implementation; d) attempt an evaluation of its results.
§1. The Main Provisions of the Loi Badinter
The loi Badinter, because it tries to improve the situation of traffic accident victims in
every respect, is a long and broad document. 1While Chapter Ideals exclusively with
*
1. Professor at Universite de Paris - Pantheon - Sorbonne, Centre d'Etudes Juridiques Comparatives.
On the 'loi Badinter', see, in a vast literature: G. Viney, 'L'indemnisation des victimes d'accidents de
la circulation, L. G.D.J. (1992); F.Chabas, Les accidents de la circulation, (Dalloz, 1995); Dixieme
MJ 3 (1996) 329
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