نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The present article deals with the foundation of environmental civil responsibility in Islamic jurisprudence and Iranian law. The existence of a common earthen globe creates common concerns for the people of the world, requiring ever-increasing coordination in this regard. One of the instances of such coordination is unanimity in terms of the foundation of environmental civil responsibility. There is absolute liability for environmental damages in many European countries, thus greatly reducing the measures of interest-seeking bodies that are destructive to the environment. However, the practical procedure of Iranian courts is responsibility based on fault, as a result of which a large number of environmental cases fail, and in cases of success, they are not capable of preventing others from the destruction of natural gifts. Relying on the potentials of Islamic jurisprudence and Iranian law, the present article concludes that the foundation of environmental civil responsibility should rest on the theory of absolute liability rather than that of fault.
کلیدواژهها [English]
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