OBJECTIFICATION OF CIVIL LIABILITY FOR ECOLOGICAL DAMAGE. SECTORIAL ASPECTS

Lucretia Dogaru
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Lucretia Dogaru: PhD, Professor, University of Medicine, Pharmacy, Sciences and Technology „G.E.Palade„ of Targu-Mures, ROMANIA.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2020, vol. 81, 91-103

Abstract: The issue of recognizing the legal liability that is engaged in order to deal with the risk of damage with serious and irreversible consequences was initially raised in the field of environmental protection. This form of preventive liability is contrary to the classical legal liability, the purpose of which is to repair any certain damage, because it seeks to prevent, avoid and reduce potential risks to the environment and to the safety of life and human health. Therefore, this is an objective liability based on the precautionary principle, a liability which is directed towards the future and that makes man the guarantor of the preservation of life and health and of the quality of the environment. The objective civil liability in environmental law generates a real legal obligation to reduce ecological risks, risks to ensure a healthy and ecologically balanced environment. In the present study, starting from the argumentation of the need for objective civil liability and from the analysis of its characteristics, we proceeded to an exhaustive study of the particular or sectorial environmental situations. We were motivated in this sense by the fact that the form of civil liability is particularized in environmental law and sectorial regulations, based on the reason that the multitude and gravity of environmental dangers affecting environmental protection requirements, demand reasonable diligence of all persons engaged in activities with an impact on environmental factors.

Keywords: ecological damage; polluter; objective liability; ecological risk; nuclear damage. (search for similar items in EconPapers)
JEL-codes: K32 (search for similar items in EconPapers)
Date: 2020
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