Comparative Study of the Dual Functions of the Precautionary Principle in Civil Liability

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IZANLOO MOHSEN; ASADI ZAHRA

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Journal: COMPARATIVE LAW REVIEW Year:2020 | Volume:10 | Issue:2 Page(s): 407-428

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Information Journal Paper

Title

Comparative Study of the Dual Functions of the Precautionary Principle in Civil Liability

Author(s)

IZANLOO MOHSEN | ASADI ZAHRA | Issue Writer Certificate

Keywords

The precautionary principleQ1

Civil liabilityQ1

Preventive roleQ1

Compensatory roleQ1

Abstract

With the advancement of technology, the production of new products, and the creation of new activities, the community is sometimes exposed to serious risks. If these risks occur, considerable costs should be consumed to compensate them and, sometimes, the damage is irreversible. In the case of facing such dangers, The precautionary principle and the adoption of precautionary measures are deployed. This principle has been used in recent decades in domestic law, international procedures, and judicial procedures. In this article, by reviewing different votes issued in this regard in foreign courts, in particular, French courts, an attempt was made to examine the different aspects of this principle. The principle of precaution, as a legal and political principle, is used in two situations: 1) before the occurrence of damage 2) after the occurrence of damage. Thus, given the dual function of The precautionary principle, the two preventive and Compensatory roles can be assumed for this principle, respectively. However, it is worth mentioning that the obligation to compensate for financial losses is only possible in the second case.

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APA: Copy

IZANLOO, MOHSEN, & ASADI, ZAHRA. (2020). Comparative Study of the Dual Functions of the Precautionary Principle in Civil Liability. COMPARATIVE LAW REVIEW, 10(2 ), 407-428. SID. https://sid.ir/paper/246421/en

Vancouver: Copy

IZANLOO MOHSEN, ASADI ZAHRA. Comparative Study of the Dual Functions of the Precautionary Principle in Civil Liability. COMPARATIVE LAW REVIEW[Internet]. 2020;10(2 ):407-428. Available from: https://sid.ir/paper/246421/en

IEEE: Copy

MOHSEN IZANLOO, and ZAHRA ASADI, “Comparative Study of the Dual Functions of the Precautionary Principle in Civil Liability,” COMPARATIVE LAW REVIEW, vol. 10, no. 2 , pp. 407–428, 2020, [Online]. Available: https://sid.ir/paper/246421/en

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