Résumé
There are many compulsory insurance in France - the current study identifies nearly two hundred. Enacted in a wide range of areas - for the practice of professional or private activities related to transport, construction, health, legal, sports, etc. - and concerning various risks - predominantly non-marine or marine liability insurance, but also property insurances and life ans personal accident insurances - they are currently apprehended only in their diversity, both by the legislator and the jurisprudence and in most doctrinal studies. However, on the one hand, we can notice that there is a reproduction, more or less faithful, of several provisions within several special regimes. On the other hand, significant deficiencies appear through these regimes. In order to remedy to this situation which is not much satisfactory, it will be there suggested to develop an intermediate layer of commun rules that would be enforceable, on a subsidiary basis, to all compulsory insurances - or to some categories of them -, both existing and future. This solution seems to be conceivable insofar as, despite their great diversity, compulsory insurances show a real cohesion, ultimately allowing the compulsory insurance to be considered as a legal category in its own right. The analysis effectively shows that the same social and economic functions can unite most of the compulsory insurances, while they are all based on an imperative, the duty of insurance, which one, if respected, gives rise to a real contract, despite the infringements made here on contractual freedom. Making possible the development of general rules of law of the compulsory insurance, these commun functions and structure are also likely to guide its content. Naturally, this general legal framework could get a place in the books II in each of the parties of the French insurance Code, that are already devoted to "compulsory insurances".