The precautionary principle finds its origin in international law and in the field of the environment but he quickly invested national law and expanded its scope to health issues, as shown by the health crisis that occurred in France since the 1980s. What is the room left to civil law? The reality of a certain ‘dialogue’ brings a denial to those who saw the marriage of water and fire (I). In fact, civil law uses the concept of precaution in consideration of the question of liability because the precaution has become an element of assessment of the conditions of liability and its effects (II).
What are the differences that exist between precautionary principle and civil liability? What consequences can have the adoption of the precautionary principle in the law of responsibility?
The precautionary principle anticipates the risk while civil liability regulates its consequences. It is therefore aimed more at collective risk. Its direct recipients are primarily public authorities while civil liability is primarily aimed at individual damages falling under the responsibility of private individuals.
The precautionary principle mobilizes new concepts: the existence of risk of serious or irreversible damage, the lack of absolute scientific certainty, the requirement to take precautionary measures. Conversely, in civil liability, only future and certain damage may be compensated.
In fact, the precautionary principle applies not only to public authorities. It also influences the law of civil liability but this influence does not lead to radical changes…