France Liability for Acts of Terrorism Under French Law

Moréteau, Olivier; Lafay, Fabien

doi:10.1007/978-3-7091-0629-7_4

Cited by 5 publications

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“…2 2 This is more particularly the case, inter alia , in France where different regimes exist for natural disasters and for technological catastrophes, with various first‐party solutions, pooling, mandatory insurance and reinsurance through the state. To this complex system is then also added a specific compensation fund for victims of terrorism (see in this respect, inter alia , Moreteau & Lafay 2004). …”

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confidence: 99%

Financial Compensation for Victims of Catastrophes: A Law and Economics Perspective

Faure

2007

Law & Policy

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This article examines the various approaches legislators may use to compensate victims of catastrophes. Traditional law and economics of insurance literature, with respect to government relief and insurance solutions towards financial compensation, is used to analyze (highly diverging) approaches in Europe and the United States. First, the importance of liability (insurance) is discussed in cases where a liable injurer can be identified; second, the possibilities of first-party insurance are examined, whereby various regulatory solutions (particularly the French model of providing mandatory coverage for catastrophes) is critically discussed. The (first-party) insurance solution is compared with public intervention, and a distinction is made between ad hoc government relief on an ex-postbasis and structural compensation funds. The solutions applied and discussed in many countries are critically analyzed for their ability to provide adequate compensation at low costs and their effects on incentives for prevention and for developing private (insurance) solutions.

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confidence: 99%