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41 0 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol. 37 make extensive use of preventative actions (i.e., for compensation premised on damage precisely predictable but not yet commenced) and of injunctions. Traditionally, French law has not recognized either of these concepts. Indeed, even today, ther e is no general pro vision of law which would authorize either one. Nevertheless, judges are increasingly willing in practice to order measures to pre vent continuation of damage which has been sanctioned or to pre scribe measures appropriate to put an end to ongoing actions. The New Code of Civil Procedure grants to a summary procedure judge (juge des referes) a general power to prescribe "necessary measures to conserve or restore for the purpose of preventing imminent dam age". Other recent legislation explicitly provides for the use of in junctions in defined circumstances. A final tendency is one in which the courts are more willing to prescribe positive measures to require the carrying out of obligations or, more broadly, in the words of Viney, to restore legality. This has more obvious applications to what we would call the law of con tract but it is found in the area of torts as well.
American Journal of Comparative Law – Oxford University Press
Published: Apr 1, 1989
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