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Knock-For-Knock Indemnities and the Law


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Mutual hold harmless clauses in France and francophone civil law systems

Bertrand Montembault Paul Morton

1 Introduction

Although there is no general theory of risk in French law, the concept of risk occupies a central place in the French civil law tradition.1 According to its Latin etymology, the word ‘risk’ finds its origins in the idea of “shared risk between contracting parties”,2 suggesting the idea was conceived in a contractual setting.

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