Comparative study of the dual functions of the precautionary principle in civil liability

With the advancement of technology, the production of new products, and the creation of new activities, the community is sometimes exposed to serious risks. If these risks occur, considerable costs should be consumed to compensate them and, sometimes, the damage is irreversible. In the case of facing such dangers, the precautionary principle and the adoption of precautionary measures are deployed. This principle has been used in recent decades in domestic law, international procedures, and judicial procedures. In this article, by reviewing different votes issued in this regard in foreign courts, in particular, French courts, an attempt was made to examine the different aspects of this principle. The principle of precaution, as a legal and political principle, is used in two situations: 1) before the occurrence of damage 2) after the occurrence of damage. Thus, given the dual function of the precautionary principle, the two preventive and compensatory roles can be assumed for this principle, respectively. However, it is worth mentioning that the obligation to compensate for financial losses is only possible in the second case. Key words: The precautionary principle, Civil liability, Preventive role, Compensatory role