The Principle of Sustainability and the Ecological Turn of Contemporary Civil Law

More than a mere modification, the ecological principle introduced by Article 9 of the General Provisions of Civil Law simplifies the ecological turn in civil law and has cultural significance. The development of civil law institutions and ideals reveals the hypothesis of transactional neutrality as its foundation. Despite the socialization movement and recent environmental consideration in civil litigations, this hypothesis persisted until the introduction of precautionary approach via the ecological principle. As the result, property owners have more rigor duty of care and are subjects to historical responsibilities. Furthermore, judges and legislators in different jurisdictions renew the traditional technology of fiction to recognize the subjecthood of natural objects. The protection of ecological elements is therefore a claim of its own name, independent to consideration of any individual or collective interest.