Environmental Damage And Fundamental Changes In Civil Liability (Iran And The European Union)

Abstract

This study examines the changes in the foundations of civil liability for environmental damages in the Iranian and European Union (EU) law. This is fundamental, descriptive-analytical research implemented with the library method through note-taking. The importance of analyzing this issue is evident from the clear tendency of the laws of most European countries to accept and recognize absolute civil liability instead of fault-based civil liability in important documents approved at the EU level. In the current research, changes in the basics of civil liability for environmental damages have been investigated in two general areas of substantive and formal changes. The substantive changes could be classified as "privatization" and "collectivism" of civil liability for environmental damages. On the other hand, formal changes can be regarded as "absolutism and despotism" in civil liability for environmental damages as well as "an evolution in the demonstrative evidence system regarding civil liability for environmental damages". Due to the destructive consequences of environmental damages for people's daily lives, many legal systems tend to take the responsibility of affirming these damages from the judicial authority. It is assumed that harmful behavior is committed, and it is the defendant who must prove that he/she did not commit such behavior or without an emergency reason. This could be the most important development in the civil liability system for environmental damages in the European Union. The outstanding result of this study is that the European Union has experienced important developments in regulations regarding the protection of the environment and is executing instructions while Iran's laws are far from these developments.