PRINCIPIO DI PRECAUZIONE E RESPONSABILITÀ CIVILE - UN'ANALISI DI DIRITTO COMPARATO

The main objective of the thesis is to check the incidence of the precautionary principle on the regulatory framework of European and American systems, and this both in an “ex ante” perspective of protection (i.e. at the regulatory level), and in an “ex post” one (i.e. in terms of civil liability), in order to assess if it could be cited for compensatory purposes. In particular, the thesis is divided into four chapters, in which are progressively examined, on the one hand, the definitory issues of the precautionary principle and the welcome it received in the various jurisdictions, on the other, in which areas this principle found main application, and, above all, if this application encountered uniform rules; then it moves on to examine which are the models of risk regulation adopted by various jurisdictions, if these are precautionary oriented and if there are conflicts of jurisdiction (positive or negative) with regard to the preparation, management and application of precautionary rules; finally, it addresses the issue of the compatibility or not of the precautionary principle with civil liability, considering, on the one hand, the procedures by which is possible to complain a violation of precautionary rules that implied a risk of damage or possible future damages, secondly, whether it should be recognized a non-traditional “Tort for Risk", and if it would be compatible or not with the current architecture of civil liability rules.