LEGISLAȚIE ȘI JURISPRUDENȚÃ PRIVIND RÃSPUNDEREA CIVILÃ PREVENTIVÃ

Analyzing the jurisprudence of the past three decades whereas tort law is concerned, one can easily find some gray areas, where the doctrinal principles developed so far seem to have fallen behind the realities of our modern society. Such a gray area is being analyzed by the author of this study, and it is attributed by modern doctrine to the jurisprudence applying the precautionary principle. Developed in the area of international public law, adapted to private law, and embraced by modern doctrine, the precautionary principle is a prominent figure in European legislation, as well as in our national laws, and lately also in court decisions.