Civil Liability Sanctions about Environmental Pollution in Iran and US Law

Subject Areas : environmental low

Babak Sadeghi ¹ , alireza lotfi doudaran ² , Mozaffar Bashokouh ³

1 - Department of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran.
2 - Department of law, Ardabil branch, Islamic Azad University, Ardabil,Iran.
3 - Department of laws, Islamic Azad University of Ardebil, Ardebil, Iran.

Received: 2023-05-03 Accepted : 2023-06-28 Published : 2023-11-22

Keywords: Civil Liability Sanctions about Environmental Pollution in Iran and US Law,

Abstract :

The legal confrontation with environmental pollution and the many and various losses resulting from it, which endangers human life in the present generation and future generations, requires appropriate and efficient legal enforcement guarantees. Civil Liability, as a branch of legal science, has provided valuable executive guarantees in this field, which has a preventive and compensatory role. The purpose of choosing the topic of this article is to introduce and review and complete the executive guarantees of civil liability caused by environmental pollution in Iran and US law. According to the studies conducted in this research, the executive guarantees of civil liability in US law are more complete than the legal executive guarantees of Iran, because punitive damages, joint and several liability and referendum have been accepted in US law. But even the executive guarantees of US law also have shortcomings that the authors have pointed out, and by theorizing and examining the issues of this area, the authors have created new executive guarantees, such as the cancellation of contracts that pollute the environment and the return of property. It has also presented the results obtained from the polluting activities in order to provide better means of compensation and prevention of the losses caused by environmental pollution.

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