Peut-on dépasser le droit civil ? Les controverses juridiques autour de la réparation des dommages de guerre (1914-1919)

Abstract

The Charte du sinistré, enacted on 17 April 1919, was the legal framework for the reconstruction of properties and goods damaged in France during World War I. Its elaboration led to heated controversies among French legal scholars on the modalities of providing war reparation, which addressed the definition of what law is or ought to be. Does it constitute a unique and stable model shaped by the Civil Code, or does it allow for some innovation and creation of new rules ? This study shows the different conceptions of law defended by legal scholars and the controversies arising due to the desire to transcend the Civil Code. It also discusses the social effects of the technical expertise promoted by the jurists.

Keywords

• World War I
• war damages
• legal scholars
• civil and public law
• legal controversy