Situation in which a person is not exposed to any danger, to any risk.
The situation can be the object of an objective assessment, corresponding to a real situation and of a subjective assessment, corresponding to the perceived situation.
Security syn. safety
Society organizes forms of security, corresponding to objectives.
The safety obligation was “invented” by case law in various membership contracts such as the contract of carriage.
Based on articles 1147, 1382 and 1384 of the Civil Code, depending on the phases of transport, it is an obligation of result or an obligation of means (cf. Note under the Paris Court of Appeal, 17th chamber A, April 25, 2000 , Christiane Grillet against SNCF and others, CA Paris, 17th Chamber A, April 25, 2000, Christiane G against SNCF and others; Chabas, François, La Gazette du Palais, n ° 112, 04/22/2001, pp.) 26 -29 Land transport: SNCF passenger, injured traveler, Cass., 2nd Civ., January 11, 2001,, Mademoiselle B. against SNCF, Orléans Court of Appeal, Civil Division, September 25, 2000, R. against SNCF, Grynbaum , L, Civil liability and insurance, n ° 4, 01/04/2001, p.-16)
The obligation of safety in the sale of products and services was developed by the legislator and was incorporated in Europe by European directives, but also by case law.
This is the obligation to guarantee the safety of people and goods which is not limited to consumers (see the application of the law of 19 May 1988 relating to product liability in relations between professionals. , Drummer, Annick, Les Petites Affiches, n ° 200, 08/10/2001, pp. 5-17)
Safety and the precautionary principle
The precautionary principle is a manifestation of concerns about the safety of people and goods.
Market security is one of the essential objectives of market law. This involves ensuring the security of transactions through rules concerning the structure and functioning of markets, obligations of good repute, competence concerning operators and prudential rules.
The principle of safety and the right to safety. Insights into the future “daily security” law, Causse, Hervé, La Gazette du Palais, n ° 353, 12/19/2001, pp. 2-9
Presentation of the law on provisions relating to daily security (second part), Pansier, Frédéric-Jérôme; Charbonneau, Cyrille, Les Petites Affiches, n ° 238, 29/11/2001, pp. 3-11, (1 st part) n ° 237, 28/11/2001, pp. 4-13
Security of personal data
Personal data. What protection on the Internet? Sitbon, Caroline, Legalis.net, n ° 2, 04/01/2001, pp. 64-72
Online payment, Lucas de Leyssac, Claude; Lacaze, Xavier, JCP E Semaine Juridique (business edition), n ° 12, 03/22/2001, pp. 506-511
Security Protection, COM / 2000/759; Directive 92/59 / EEC, Aguado, A; Vartsos, C; Armati, S, Review of European Union law, n ° 1, 01/01/2001, pp. 228-235