Roya Ghafari; Mohammad Abedi; Abdollah Khodabakhshi Shalamzari; Sayyed mohammad mahdi Ghabooli dorafshan
Abstract
In compensating for damages, paying attention to the guaranteed rights victim and in examining the pillars of civil responsibility analysis of the harmful act of the cause of the damage is the focal point. The economic analysis of law, with social engineering, to achieve social goals takes into account ...
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In compensating for damages, paying attention to the guaranteed rights victim and in examining the pillars of civil responsibility analysis of the harmful act of the cause of the damage is the focal point. The economic analysis of law, with social engineering, to achieve social goals takes into account all actors and activists. This instrumental approach promotes the triple goals of prevention, distribution of damage and compensation. The condition of compensable loss such as predictability and directness and certainty and non-compensation of loss in legal analysis is based on fairness, ethics and justice. Every loss cannot be considered claimable, civil liability must have a logical and fair limit and an unlimited liability cannot be tolerated. In economic analysis, the reduction of the final cost determines the characteristic of compensable loss and compensability of any loss is not reasonable and efficient. The economy is a guide in determining the fault of the harmful act by providing an objective criterion and makes the relationship of causality, contrary to the conventional concept, efficient, and. This relationship exists between the loss and the factor that avoids with less cost
ali roohizadeh
Abstract
Nowadays surface runoff pollution as a crisis of human societies, has forced most countries to seek legal solutions to solve this phenomenon, the most important of which is the establishment of civil liability in this area. Although, according to economic analysis, compensation can not have much effect ...
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Nowadays surface runoff pollution as a crisis of human societies, has forced most countries to seek legal solutions to solve this phenomenon, the most important of which is the establishment of civil liability in this area. Although, according to economic analysis, compensation can not have much effect on optimal deterrence, nevertheless, its effect on reducing water pollution can not be denied.This study, after a comprehensive review of available sources and then analyzing the findings, has concluded that the mere existence of pollution causes harm, so it is sufficient to determine the causality relationship between the pollution and its actor in order to establish civil liability; In addition, the government can be held liable for damages, both in terms of supervision and ownership, and by providing a broad interpretation of the concept of "beneficiary", it can be said that NGOs are considered "beneficiaries" in making such claims and assuming victory in litigation, compensation can be used for sustainable development.Finally, according to the model of sustainable development in the economy, the production of goods is not only a subordinate of labor and capital, but must also be considered in the production process, materials and environmental goods such as water. Therefore, from the perspective of environmental economics, water pollution is considered as a cost of production or consumption, and the higher this cost, the optimal production and economic growth will not be a subordinate of sustainable development.
