The preliminary draft allows the limitation or exclusion of both liability, both contractual and non-contractual, which marks a significant step forward. After this salute to contractual freedom, the preliminary draft multiplies the restrictions. It is prohibited to limit one’s liability in the case of bodily harm, which is understandable. More surprising is the prohibition on limiting one’s non-contractual liability in the event of misconduct, be it intentional or a case of negligence. Finally, the preliminary draft dedicates an article, 1283, to  contractual liability limitation clauses, which is not very consistent with the Article 1170 of the Civil Code resulting from the Ordinance of 10 February 2016.

Blog Dalloz Réforme du droit des obligations 22.08.2016

Louis Thibierge