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Master Thesis

Le juge et l'incertitude scientifique : regards croisés France-Allemagne à propos du contentieux de la vaccination contre l'hépatite B

Abstract : The judge is required to decide disputes which submitted to him at risk of miscarriage of justice. Her/his answer can turn to be difficult in the case of a scientific state of uncertainty, especially in the specific context of the compensations of damages attributed to a vaccination. The dispute of vaccination against hepatitis B and of multiple sclerosis is the archetype of this kind of judicial case. Although scientific studies disprove a possible statistical link, a state of uncertainty remains for people and some judges. Despite various systems of vaccination, France and Germany haven’t been spared by requests of compensation since the late nineties by virtue of the responsibility of producer or the “solidarité nationale”. Facing a scientific state of uncertainty, French and German judges chose to presume the causal link. Legal criterions or born to case law allow judges to appreciate the judicial causality regardless of the lack of scientific evidence. However, the German judge still promotes the present state of scientific knowledge which speaks in disfavour of an accountability. While the French civil judge will, if the judicial causality could be demonstrated during tens years with presumption of fact, from now on reconsider this solution. The recent establishment in France of an extent vaccinal obligation should abolish this distinction and help compensations of vaccinal damages along in accordance with the “solidarité nationale”.
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https://dumas.ccsd.cnrs.fr/dumas-02145734
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Submitted on : Monday, June 3, 2019 - 11:43:17 AM
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Alice Milon. Le juge et l'incertitude scientifique : regards croisés France-Allemagne à propos du contentieux de la vaccination contre l'hépatite B. Sciences du Vivant [q-bio]. 2018. ⟨dumas-02145734⟩

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