Examining the Foundations and Pillars of Civil Responsibility in the Field of Construction that is Contrary to Environmental Principles
Subject Areas : environmental lowMohammad Hosein Porkareh 1 , Asgar Jalalian 2 , , Masoud Monavari 3
1 - Department of Environmental Management, Faculty of Natural Resources and Environment, Islamic Azad University, Science and Research Unit, Tehran, Iran
2 - Associate Professor, Department of International law, Faculty of Law and Social Sciences, Payame Noor University, Tehran, Iran. *(Corresponding Author)
3 - Associate Professor, Department of Environmental and Forest Sciences, Faculty of Natural Resources and Environment, Islamic Azad University, Science and Research Unit, Tehran, Iran.
Keywords: Urban Construction, Sustainable Development, Theory of Guilt, Risk Theory, Civil Liability.,
Abstract :
Background and Objective: The world is passing through its first urban century, and more people live in urban areas than in rural areas globally. Therefore, in this cycle, some resources are limited. Land is one of these important resources that is limited in this extreme. So, taking into account the existence of limitations, by making rules and applying regulations in line with optimal use, especially in the field of urban construction, urban planning managers should make sustainable development the criterion of their performance.
Material and Methodology: In this research, using the analytical descriptive method, based on the library method, in addition to reviewing the task-oriented regulations in the field of urban construction, the basis and elements of the civil responsibility of people effective in urban decision-making have been investigated.
Findings: The results of the present research show that in Iran's legal system, responsibility is based on the theory of fault. Although it seems that this theory cannot comprehensively prevent violations in urban constructions that are against the principles of environmental and sustainable urban development. Therefore, the kind and absolute rule is one of the theories that will be more effective based on the amount of risk and harm in this field. On the other hand, due to the existence of various institutions in urban management and the intersection of some damages in this area with the governance practices of these institutions and organizations, which are mostly governmental and public, it is difficult and impossible to establish responsibility and finally compensate for the damage.
Discussion and Conclusion: Urban Construction; Sustainable Development; Theory of Guilt; Risk Theory; Civil Liability
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