Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 277-290 |
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Valizadeh H, Ebrahimian N, Mofidian S. Developments and Formative Policies of the Foundations of Civil Responsibility in Environmental Damages in Iran and the European Union. MLJ 2022; 16 :277-290
URL: http://ijmedicallaw.ir/article-1-1621-en.html
URL: http://ijmedicallaw.ir/article-1-1621-en.html
1- Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract:
Background and Aim: Due to the importance of environmental damages and the very destructive effects and consequences that these damages bring to people's daily lives, many legal systems have tended to identify the criterion of fault to realize civil liability resulting from harmful behaviors. An environment that naturally places the burden of proving harmful behavior on the judicial authority and can create many difficulties for the judicial authorities in this regard.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: Investigations showed that the formal changes can be considered as "absolutism and absolutism" of civil liability due to environmental damage and "evolution in the system of proving and proving the claim of civil liability due to environmental damage". In fact, it should be said that the recognition of pure civil liability, which can actually be considered a return to the criterion of risk, removes the burden of proving the commission of harmful behavior and the occurrence of loss. The judicial authority and this time the occurrence of loss and the commission of harmful behavior are assumed and it is the defendant or accused of committing this conduct that must prove that such conduct was not done primarily or with intent to cause harm.
Conclusion: The important result of this research is that in the field of changes in the foundations of civil liability caused by environmental damage, the European Union has experienced important changes and introduced its laws and regulations and executive instructions in relation to the protection and preservation of the environment, but Iran's rights, it is far from these developments.
Please cite this article as:
Valizadeh H, Ebrahimian N, Mofidian SH. Developments and Formative Policies of the Foundations of Civil Responsibility in Environmental Damages in Iran and the European Union. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e20.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: Investigations showed that the formal changes can be considered as "absolutism and absolutism" of civil liability due to environmental damage and "evolution in the system of proving and proving the claim of civil liability due to environmental damage". In fact, it should be said that the recognition of pure civil liability, which can actually be considered a return to the criterion of risk, removes the burden of proving the commission of harmful behavior and the occurrence of loss. The judicial authority and this time the occurrence of loss and the commission of harmful behavior are assumed and it is the defendant or accused of committing this conduct that must prove that such conduct was not done primarily or with intent to cause harm.
Conclusion: The important result of this research is that in the field of changes in the foundations of civil liability caused by environmental damage, the European Union has experienced important changes and introduced its laws and regulations and executive instructions in relation to the protection and preservation of the environment, but Iran's rights, it is far from these developments.
Please cite this article as:
Valizadeh H, Ebrahimian N, Mofidian SH. Developments and Formative Policies of the Foundations of Civil Responsibility in Environmental Damages in Iran and the European Union. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e20.
Type of Study: Original Article |
Received: 2023/03/11 | Accepted: 2023/06/27
Received: 2023/03/11 | Accepted: 2023/06/27
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