Consolidating the role of private plaintiff in environmental lawsuits against the government

Subject Areas : environmental low

Rohallah Karimi ¹ , Abbas Pahlavanzadeh ² , hossein Jalali ³

1 - PhD Student, Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran.
2 - Assistant Professor, Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran(Corresponding Author)
3 - Assistant Professor, Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran.

Received: 2021-09-14 Accepted : 2021-11-09 Published : 2022-07-23

Keywords: Private Plaintiff, natural person, lawsuits, Environment, civil liability,

Abstract :

Although today we see the protection and protection of the environment is very important and a manifestation of legal protection for it, but environmental claims in our country have not yet found their separate place. The fifth principle of the constitution and other laws protecting the environment in the context of their own, but have not been crystallized with the operation of the legal system of liability and litigation support private approach. This research is adorned with up-to-date library resources and in the form of Descriptive-analytical notes and the role of the pen. In line with the present study, it is intended to discuss the claims of private individuals and therefore we want to explain the current situation of the position of private litigants in environmental lawsuits by answering the question "What is the power of private individuals to claim and sue in accordance with the legal framework?" With this description, in this study, by explaining the position of the private plaintiff, the compensation frameworks as well as the role of the competent authorities in resolving the dispute have been examined and the private stakeholder as a plaintiff can file a lawsuit against the government.

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