The Principle of Precaution – the Argument for the Prevention of a Preventive Liability
The Principle of Precaution – the Argument for the Prevention of a Preventive Liability

Summary/Abstract: In the present study we aim to present the precautionary principle as an objective basis of civil liability, presenting the origins, specific features and application of this new foundation, especially the impact it has on the classic theory of civil liability. Under the conditions of the technological and informational society, the idea of prevention and precaution calls into question the need to recognize a new, preventive liability, on incommensurable and irreducible damages, capable of affecting the life and health of the current and future generations, flora and fauna, in a word Earthlife. It is a new approach to civil liability, totally different from the traditional one that is traditionally focused on the repair of damage already produced, a necessary responsibility, oriented towards the future, in the face of the many dangers that threaten the environment, the life of humans and animals. The scientific uncertainty, which concerns the potential existence of a serious risk to man and his environment, has led to a new interpretation of civil liability in the sense of sanctioning the person who has not prevented such events.

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