Restraining motion of civil guardianship as a civil procedural technique of application of the prevention and precautionary principles

Abstract

Should a preventive torts and procedural law be created? this new legal principels would be detached from the civil liability and would allow the creation of a preventive action of the risks of major attacks an essential interest and rights. the injuctions could be the answer and correlation in procedural law. In this article will argue with the assumption of a legal responsibility for the future to answer the ecological, medical challenges and bioethics posed in comparative and specialiy communitary perspective. this point of view disregards the damage as necessary requirement and look both procedural and substantive answers for the future. the advantages and the need for a responsibility-prevention-precautory substantive and procedural law would be, at the 21st century the third time after the responsibility-sanction of 19 st. and the responsibility-compensation for 20 st.