Investigating Changes in the Foundations (Privatization and Collectivization) of Civil Liability in the Environmental Damage Laws of Iran and the European Union

Abstract

In the current research, the evolutions of collective and privatized civil liability due to environmental damages have been investigated in the laws of Iran and the European Union. The substantive changes can be seen as "privatization" and "collectivism" of civil liability caused by environmental damages. On the other hand, formal changes can be considered as "absolutism and absolutism" of civil liability caused by environmental damage and "evolution in the system of proof and proof of claims regarding civil liability caused by environmental damage". In fact, it should be said that due to the importance of environmental damages and the very destructive effects and consequences that these damages bring to people's daily lives, many legal systems have tended to identify the criterion of fault to realize civil responsibility. caused by environmentally damaging behaviors, which naturally puts the onus of proving harmful behavior on the judicial authority and can create many difficulties for the judicial authorities in this field, the identification of pure civil liability, which in fact, is a return to the risk criterion can be considered, the duty of proving the commission of harmful behavior and the occurrence of loss has been removed from the responsibility of the judicial authority, and this time, the occurrence of loss and the commission of harmful behavior is assumed, and it is the defendant or accused of committing this behavior who must prove such He has not committed any behavior basically or he has not committed it with the intention of causing harm. This can be seen as the most important development that the civil liability system due to environmental damage has experienced in the European Union. The current type of research is fundamental and its approach is descriptive-analytical, its method is a library study and the tool for collecting information is also a survey.