Recovery of preventive expenses or expenses incurred in mitigation the loss reflections from comparative law

Abstract

Based on the revival of prevention in the field of Brazilian civil liability, as well as the lack of instruments to fulfil this function, the text seeks to answer, through comparative law, how other jurisdictions work specifically with the recovery of preventive expenses, spent by the victim to prevent or mitigate the damage. To this end, it analyses decisions of eight European jurisdictions, as well as two projects for the unification of European Law that dealt with the issue of preventive expenses, concluding that compensation for such expenses is widely accepted and can be done through civil liability.