I am a PhD student in Law holder of a doctoral contract at université Paris-Panthéon-Assas in France. I specifically work on the “non-pecuniary loss in the law of contract”. The legal treatment of non-pecuniary losses suffered after a breach of contract raises several questions. First, understanding what non-pecuniary loss is in the law of compensation of damages and what it should be in contract law, is a crucial point left to be uncovered. Second, the existence of mechanisms attached to the law of contract damages appropriate to non-pecuniary losses suffered after a breach is another relevant point to be studied. Third, the question of quantification of this damage cannot be left unaddressed. These questions arise in Common law systems as well as in Continental law systems, more specifically in French law. Legal literature and case law in Common law systems elaborates the subject and provides answers to these questions, whereas in French law, all the interrogations concerning the compensation of non-pecuniary losses in contracts are nearly left untouched. The main reason behind such a marginalization in French civil law is to be found in the liberal policy of the French regime when it comes to deal with the compensation of damages as a whole. Perhaps the obviousness of the answer explains the lack of examination of this matter in civil law. Consequently, the need for rationalization of the compensation of non-pecuniary damages is indisputable when faced with the laxist approach of French courts regarding the indemnification for damages. Maybe this whole time, the solution to the issue in France could be found in the approach conducted by the Common law.
Could you please tell us a bit more about your scholarship/exchange programme?
I had the chance to be selected by the Maison Française d’Oxford and the Institue of European and Comparative law (IECL) of the Law faculty of Oxford, as a visiting scholar, to conduct research in European comparative law for my PhD during the trinity term of the year 2023.
First impressions of Oxford/the University?
Oxford is a magical city. People here are friendly and very welcoming as they make you feel like you belong to a community. Moving to a new city has never been easier. I am extremely grateful to the MFO and the IECL for this opportunity.