The Obligation to Minimize Damage in Civil Liability: The Case of Migration Damage

Abstract

This study explores the unification of patterns of civil liability in public law systems and its impact on creating obligations in private law systems, as it is based on the objective theory of the essence of civil liability based on the unification of its patterns, which in turn is based on damage in evaluating and estimating compensation without regard to error, in order to alleviate the burden of the party—the injured person in terms of his proof of the official’s mistake. We overcome the burden of proving mistakes within the scope of civil liability unification. We will explain to him how the theory of unification of civil liability in civil law systems contributes to recognizing the obligation to mitigate damage in French law systems.