The demise of the bon père de famille

There is a nice blog post by Jan Smits on the demise of the bon père de famille in French legislation. In a long-overdue spirit of gender equality the French Assemblée Nationale decided on 21 January 2014 that this venerable expression – the successor to the bonus paterfamilias of Roman law – is to be replaced by references to the reasonable person.

Does this go far enough? Does any legislation in any country need this sort of anthropomorphic standard? References to what the hypothetical reasonable person would do are just references to what is reasonable.

Jan’s post is in the excellent Maastricht European Private Law Blog at http://www.mepli.eu/.

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