Feasibility of applying the precautionary principle in Iran's civil liability law with emphasis on the French legal system

Document Type : Original Article

Authors

1 Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.

2 Associate Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

Abstract

In the present era, humanity has realized that the necessity of preventing danger should not be limited only to definite dangers where the causal relationship between them and the occurrence of harm has been scientifically proven. Rather, it is necessary to utilize the precautionary principle and precautionary measures in cases where the causal relationship between the danger and the occurrence of severe harm faces scientific uncertainty, and this uncertainty has passed the degree of probability and reached the stage of suspicion. Now, considering the structure of the civil liability system, can this principle be considered a duty in legal systems? In the judicial practice of some European countries such as France, this principle has been recognized as a legal duty and has a deterrent function. This article examines the feasibility of applying the precautionary principle in Iranian law using a descriptive-analytical method and library resources. The results show that given the Law on the Accession of the Government of the Islamic Republic of Iran to the Convention on Biological Diversity approved in 1996 and the Law on the Framework Convention for the Protection of the Marine Environment of the Caspian Sea approved in 2005, which mentions the precautionary principle, there is a basis for applying this principle in Iranian law, and civil liability is not limited to compensation for harm, but also includes preventing the occurrence of a suspected risk leading to damage that can be rationally and economically justified in dealing with.

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History

  • Receive Date: 01 March 2025
  • Revise Date: 30 May 2025
  • Accept Date: 04 June 2025

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