Compensation of Environmental Damages in the View of Civil Law

Subject Areas : Journal of Law and Politics

Flora Heidari ¹ , Naser Ghasemi ²

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Received: 2015-11-15 Accepted : 2015-11-15 Published : 2014-11-22

Keywords: fault, Environment, Liability, civil liability, environmental damage, Compensation,

Abstract :

That men need to enjoy the environment health and appropriate and desirable environmental scope in all respects so as to maintain their lives has been long construed by national, transnational and international rules and regulations as one of the undeniable and indisputable social and life rights. Civil law is one of the criteria, which underline the necessity of responsibility of conservation of the environment. If men look for the healthy environment, they should then look for techniques that guarantee prevention and Compensation of damages to the environment that undoubtedly, the enjoyment of legal techniques, in general, and the exertion of civil liability, in particular, should be underlined. The acceptance of the civil liability arising from the damages caused to the environment and its various aspects and components as well as the obligation of the perpetrators of such damages to compensate them are deemed as one of the effective legal and supportive actions for this common legacy of the humanity. And with the damage elements being realized, one  may demand the compensation of the damages to the environment of their perpetrators through a civil action in addition to the existence of criminal liability. And finally, with this liability and its obligations being accepted, future damages to the environment may be remarkably prevented.