Sur le déni de qualification juridique du corps vivant

Abstract

Almost thirty years ago, in his essay about the body (L’affaire de la main volée : Une histoire juridique du corps, Seuil, 1993), Professor Baud (1943-2010), an eminent historian of law, argued that in the "nineteenth century, the disembodiment of law seems to have finally become the great work of civil law. The body of man has seen in particular its legal definition carefully denied since the advent of the Civil Code. Despite the regular convulsions triggered by the unspoken fact that the human body belongs to the person it embodies, the principled position of the law has not wavered. We will attempt to study the mechanisms and the scope of the denial of legal qualification of the living human body in contemporary legal science.

Keywords

• Legal qualification
• Human body
• Jean-Pierre Baud
• Sanitary safety
• Quasi-tort
• Assumption of risk.