[Problems in the adjustment of evaluation and repair of bodily injuries in tomorrow's Europe].
The evaluation of traumatic body damage raises difficult problems when considered in the frame of European Community in view of the major differences currently existing between modes of compensation of such damages in the different countries of the Union. While the economic loss resulting from a given damage should no doubt continue to be fully compensated, obvious financial constraints at the level of insurances will probably make it necessary to consider lump compensation for the non-economic losses which involve the physical and/or psychical integrity of the person. It is proposed to use the term 'personal incapacity' to describe the latter losses whose numerical evaluation now requires the elaboration of new modes of rating (in french, 'barème'). A number of principles are proposed for the actual design and elaboration of this instrument, namely by taking into account the detailed estimation of each of relevant human functions in daily living, thus outside any professional context. Such the new approach proposed should eventually provide an essential instrument for the calculation of these lump compensations, no matter in which country the accident took place nor which are the countries of citizenship of victim, defendant, and insurance companies involved.