نوع مقاله : علمی و پژوهشی
نویسنده
عضو هیأت علمی گروه حقوق خصوصی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Preference for prevention over treatment is obvious and does not need to be argued. Precaution is an important type of prevention. Particularly in recent decades, the “the Precautionary Approach in Civil Liability" has been increasingly emphasized. But what is the meaning of this title? In this approach, what role plays Precaution plays in civil liability; and specifically, which of the elements of civil liability does it play? Despite the many recommendations and emphases that lead to a Precautionary approach, less attention has been paid to what and how it is done. The main purpose of this article is to answer this fundamental question; which will be done by descriptive and analytical methods. While the precautionary rule, as a moral and legal duty, is of great importance in dealing with issues, especially in social behavior, this aspect has been less researched. Therefore, in this study, its necessity has been identified. According to the findings of this study, among the proposed and conceivable roles, Precaution as a goal of civil liability is a role that can logically be considered in the field of civil liability. The author has not been able to find a reasonable explanation and justification for other proposed roles in this field.
کلیدواژهها [English]
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