The tort is based on a 1382 rticles the Civil Code.
The fault is a concept of law, of which the Court of Cassation ensures the control v. Cass. civ. 2nd, Nov. 3, 1955. It is subject to rules of evidence .
Case law has established liability for fault of common law and tort liability in various areas of law (industrial accidents, general contract law and special contract law), professional law, etc.). Various categories of faults have been identified by case law