2000
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Anne Guégan, « L'apport du principe de précaution au droit de la responsabilité civile », Revue juridique de l'Environnement, ID : 10.3406/rjenv.2000.3772
Even though the interpretation of the precautionary principle remains controversial and its scope is still under debate, it may well be relevant to the law of civil liability. However, such a statement is not self-evident and the contribution of this principle to civil liability Iaw is still quite unclear. Faced with threats of serious and irreversible damage, it is not longer possible to think in terms of remediation and compensation : prevention must be the golden rule. Nevertheless, in support of the legal concept of liability, one must ask whether civil liability could play a role in implementing the precautionary principle. It is therefore necessary to determine the conditions under which, and how, civil liability could provide a way of developing this principle, alongside more concrete measures that still have to be elaborated. The first part of this analysis examines whether the subjects of civil liability are actually covered by the precautionary principle and discusses the natural contribution of this principle to the examination of human conduct in proceedings for civil liability. This part will emphasise the grounds that may give rise to civil liability. The second part considers possible ways in which the precautionary principle may make unexpected contributions of the Iaw of civil liability, with regard to other conditions for civil liability as well as grounds for possible defences.