Appendices

Rights and duties

CriteriaCivil lawCriminal lawAdministrative law
Main questionWho must repair a damage or honor a contract?Was an offense committed?Did a government agency comply with the law?
Who is opposing whom?Peer-to-Peer
Individual ↔ Professional
Business to Business
The company (represented by the public prosecutor) v. the alleged perpetrator of the offense, together with the victimIndividual or business ↔ Government agency
ObjectiveTo repair a harm or enforce a rightPunish an offense and protect societyReview the legality of administrative decisions
ExamplesNeighbor dispute, construction work, purchase, insurance, lease, contractTheft, scam, violence, harassment, threats, damagePermit refusal, CAF decision, taxes, city hall, prefecture
Who can be seized?Conciliator, mediator, commissioner of justice, lawyer, judicial courtPolice, gendarmerie, public prosecutor, criminal court judgeAdministration, administrative appeal, Defender of Rights, administrative court
Root cause identifiedCompensation, performance of a contract, cessation of a nuisanceConviction of the perpetrator and, where applicable, compensation for the victimAnnulment or modification of a decision, injunction, potential compensation
Possible sanctionsDamages, specific performance, termination of a contractFine, imprisonment, community service, other penaltiesAnnulment of a decision, obligation for the administration to re-examine a case, compensation
Concrete exampleA tradesman does poor work.A craftsman collects a deposit and then deliberately disappears.The city hall is illegally refusing a building permit.
Key TextsCivil Code and Code of Civil ProcedureCriminal Code and Code of Criminal ProcedureCode of Administrative Justice and Code of Relations Between the Public and the Administration