Civil Liability arising from Environmental Damages
All religions and human wisdom emphasize nature protection and environmental health. As fundamental human rights, human beings should benefit from a healthy and safe environment. Hence, there is a law branch called “Environmental Law.” Criminal law is responsible for enacting rules and regulations about environmental degradation prevention and punishment of polluters. Civil liability also considers sanctions on environmental damages. In addition to the wise practice, many jurisprudential texts such as verses of the Quran and narratives criticize environmental degradation, loss, and pollution. Accordingly, Imamiyeh (or Shia) jurists have granted compensations for environmental destructors based on some jurisprudential rules. Distinguishing the injuries caused by environmental damages- nature or human- this paper examined the essence of this liability in terms of being under dominant of the public or private law. Choosing the strict liability as to the foundation of civil liability of environmental damages, principles of this liability, compensation ways, and competent court for filing the lawsuit of civil liability for environmental damages were determined.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.