Privaatrechtelijke schadevoorkomingsplicht

Prof. Keirse argues in this essay that the principle of societal responsibility to prevent unlawful damage to members of society should be the more important part of a system of accountability and liability for indemnification. The logic becomes clear when one shifts the perception from the individual rights of the creditor to the common obligation of the debtor. To prevent damage is better than to compensate it. This is true from the perspective of different frames of reference. In Practise however we see the opposite. The right for compensation of the individual creditor is only linked to the fact ex post, when the damage has occurred. Practise is orientated on the past as a reaction to a specific damage case, for the purpose of compensation. However, compensation is nothing else than compensation of a damage which can't be reversed. The obligation of a debtor to unlawfully inflicted damage is a secondary one, which is activated only after the damage incident. From the point of view of societal responsibility our first concern should be the prevention of damage to others and in accordance with this our conduct. The societal gain of the perspective shift, mentioned, can result in a better balance between prevention, compensation and its costs. To attain the gain we must formulate new claims; not compensation claims but instead damage prevention claims. The possibility for making this change of perspective work is explored in the essay of Keirse.