Abstract
European medical tourism, by its growing development, raises questions. The notion of care is illustrated by various invariants that the Law addresses to maintain a balance in the health relationship. In the absence of a protective European policy, The care is altered by medical tourism, to the point of leading to a redefinition of the concept ? Only a analogy with European contract law makes possible to analyze the care relationship, in particular the Brussels I bis regulation and the Rome I regulation relating to jurisdiction in civil and commercial matters. This regulation establishes, with the aim of harmonizing and centralizing the rules for resolving conflicts of jurisdiction, a system for qualifying legal acts that are autonomous and independent of national qualifications. The consequence of this regime is that the same act can have an ambivalent qualification. An act may be considered by the regulation as having a contractual nature, while domestic law recognizes it as delictual, and vice versa. Specifying the legal nature of the interactions between the actors then makes it possible to analyze the influence of these qualifications on the care relationship. Observation is double because two invariants of the care relationship are immediately impacted by medical tourism. On the one hand, the care relationship appreciated as a singular conference is replaced by a series of contractual interactions. As such, the doctor is no longer the only player in care because related contractual relationships exist. The relationship between the patient, his insurer and the medical tourism agency fully integrates the care relationship. On the other hand, the care relationship based naturally on a relationship of trust tilts towards a relationship of mistrust. Indeed, the acts surrounding the realization of the care, push to define the patient as a consumer. This meaning does not appear only problematic for the patient, but also for health professionals, and it questions the need for the existence of private international health law. Is he and should he be?