نوع مقاله : مقاله های برگرفته از رساله و پایان نامه
عنوان مقاله English
نویسندگان English
The rules of civil liability emphasize compensation for material and moral damages and restoration, therefore, laws that address the restoration of the rights of injured persons are necessary and essential. The earth's environment has experienced many undesirable changes due to human intervention. This has prompted many legal systems to formulate laws and norms for environmental protection. In Iran, many laws have been passed in the field of environmental protection. An important issue in the field of environment is how to deal with environmentally harmful actions based on the doctrine of civil liability. Today, with the expansion of interactions and relations at the international level, the issue of environmental law has received the attention of international forums, and all countries and individuals are trying to keep environmental conditions healthy. Among the foundations of civil liability is the theory of fault, which is less commonly used due to the lack of knowledge of the real cause of the damage. To solve this problem, theories based on fault and strict liability are accepted by the majority. In the laws of most countries, including Canada and the European Union, strict or absolute liability for some environmental damage is accepted. In fact, it can be said that one of the most important achievements of new legislation at the global level is the change in the basis of civil liability in this field, which has basically made it subject to liability without proof of fault, which can be seen in the 2004 parliamentary directive.
کلیدواژهها English
