Examining the Foundations and Pillars of Civil Responsibility in the Field of Construction that is Contrary to Environmental Principles

Subject Areas : environmental low

Mohammad 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.

Received: 2023-06-25 Accepted : 2024-03-10 Published : 2024-09-22

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

 

References:

(2022). Mechanisms to guarantee the right to clean air in Iran and the European Union, J. Sus. Dev. & Env; Vol. 3, No. 3: pp. 51-66. (In Persian)
2. Karimi, Kh. (2011). Responsibility without the fault of the government, published in the publication database of legal articles, Haq Gostar, (In Persian)
3. Jeffery, M. I. (1994). Environmental liability: a continuing source of concern for lenders. Environmental Policy and Practice, 4, 17-17.
4. Esmailzadeh, H. (2015). Theoretical foundations in urban studies; urban management (with a look at Iran's conditions), Tehran: TISA, first editionVol 1. (In Persian)
5. Aghaei J, Sara, H, Maryam E. (2022). The physical impact of the living environment on the mental health of people with a sustainable architecture approach, Place of publication: The second international conference on architecture, civil engineering, urban planning, environment and horizons of Islamic art in the statement of the second step of the revolution, pp1-15
6. Karlenzig, W., & Marquardt, F. (2007). How green is your city? New Society Publishers.
7. Vargas-Hernández, J. G., Zdunek-Wielgołaska, J. A., & Pallaggst, K. (2019). The Role of Urban Green Spaces in the Transformation of Community Ecosystem in Developing Countries. In Optimizing Regional Development through Transformative Urbanization (pp. 204-224). IGI Global.
8. Altamemi, A. S. A., Zarkesh, A., & Yeganeh, M. (2023). Analysis of the effect of green building technique on reducing energy consumption (Green roof technique in an educational building in Wasit, Iraq). Sustainability, Development & Environment, 4(2), 15-37.
9. Rezaei, A., & Pourzargar, M. R. (2020). Review of the concept of green roof in contemporary housing in Tehran to improve the quality of life and environment. Journal of Sustainable Architecture and Urban Design, 8(1), 183-195.
10. Badini, H. (2021). Philosophy of Civil Liability, (Subtopic of Civil Rights 4 (Obligations outside the contract), Tehran: Majd Publications, edition 4. (In Persian)
11. Taghizadeh, E., Hashemi, A. (2018). Civil liability (obligations ex delicto), Publisher: Payam Noor University, edition 4. (In Persian)
12. Mohagheq Damad, S.M. (2021). Jurisprudence Rules (Civil Section), Tehran: Islamic Sciences Publishing Center, edition 62. (In Persian)
13. Hosseininejad, H. (1998). Civil Responsibility, Shahid Beheshti University, Tehran. (In Persian)
14. Afshari, M., Tayebi, S., Karimi, R. (2022). Civil Liability Regime for Environmental Damage, Human and Environment; No. 62: pp. 99-108. (In Persian).
15. Zhai, T. (2022). Double-faceted environmental civil liability and the separate-regulatory paradigm: An inspiration for China. Sustainability, 14(7), 4369.
16. Mashhadi, a. (2017).State and Environment: From the Non-State to the Participatory Approaches, State studies journal; Vol. 2, Issue. 8: pp. 59-80. (In Persian)
17. Katouzian, N. (2022). Obligations outside the contract (forced guarantee), Tehran, Tehran University Press, edition 5Vol. 1. (In Persian)
18. Jafari, A., Ahmadi, A. (2019). Restitution Damages of the Environmental Crimes in International and Iranian Law System, Journal: Public Law Studies Quarterly; Vol. 49, Issue. 2: pp. 613-633. (In Persian)
19. Firouzi, Mohammad Ali, Sajjadian, Mehyar. (2017).An introduction to the identification codes of urban development and planning in Islamic cities, Geography and Urban Planning Journal, Vol 9, No 34, pp.223-262. (In Persian)
20. Katouzian, N. (2009). Elementary courses of Iranian civil law: Juridical facts, Tehran, Mizan Publications, edition 35. (In Persian)
21. Pera, A. (2020). Assessing sustainability behavior and environmental performance of urban systems: A systematic review. Sustainability, 12(17), 7164.
22. Dalvand, F. (2008). Division of Civil Liability, Isfahan, Dadyar Publishing House, edition 4. (In Persian)
23. Abdi, M., Abdi, I. (2022). civil responsibility of municipalities in environmental pollution and its effects, place of publication: Third International Conference on New Approaches to Management, Psychology and Human Sciences in the 21st Century. (In Persian)
24. Ebrahimi, N. (2011). Responsibility for producing defective goods and protecting consumers (legal analysis in the top three legal systems of the world), Tehran, Research Journal of Law and Political Science, No. 2, issue. 5: pp. 13–54. (In Persian)
25. Darabpour, M. (2017). Non-contractual responsibilities: payment of damages, restitution of property and privileges, Tehran, Majd Publications, edition 4. (In Persian)
26. Abozari, M., Babaei, D., Mehbodi, A.(2022).Civil responsibility of individuals in connection with urban construction, focusing on the civil responsibility of municipalities, International Legal Research Journal; Vol. 15, Issue. 55: PP. 701-720. (In Persian)
27. Lavers, A. P., & Shiers, D. E. (2000). Construction law and environmental harm: The liability interface. Construction Management & Economics, 18(8), 893-902.
28. Esmailzadeh, H. (2001). A look at consumer rights, Tehran: Publications of the Program and Budget OrganizationVol. 2. (In Persian)