نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق و الهیات، دانشگاه گلستان؛
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
A state’s civil responsibility is one of the most widespread, challenging and disputed issues in the world. Whether or not states are responsible for recompensing citizen damages in natural disasters requires a legal and jurisprudential basis in the Iranian legal system. If such a basis does not exist then according to the "principle of non-responsibility", the state cannot be held responsible for compensating citizens.
By employing a descriptive, analytical and library method, this paper has separated the different causes of flood damage from each other and has analyzed the basis and scope of the government's responsibility in compensating for damages caused by each factor separately. To achieve this goal, the flood which took place in March of 2019 in Aqqala is a suitable and comprehensive case in which to study the factors and basis of compensation for natural disasters.
The main aim of this research is to understand how the government's responsibility to compensate for damages caused by different sources of damage in natural disasters can be established.
According to the findings of this study, the state's responsibility to compensate for flood damages in the northern area of the city of Aqqala city can be proven as its responsibility can be analyzed based on the fault theory of responsibility, thus the government is obliged to compensate for the damages of each citizen in its entirety. Furthermore, for the flood caused in the central area of the city, the state has no legal responsibility to compensate for the damages caused by the flood to those residing next to or around the river. A moral and social responsibility does of course exist but the state has limited legal responsibility for damages to inhabitants of the areas near the river. In addition, according to traditional theories of civil responsibility, the state has no legal responsibility towards the damages caused by the flood in the southern area of Aqqala as no fault or error can be attributed to the state. However newer theories and social, economic and ethical considerations, suggest that the state compensate for these damages.
کلیدواژهها [English]
https://uupload.ir/view/گزارش_نهایی_ریاست_جمهوری_15.7.98__s87j.docx/.
https://nfr.ut.ac.ir/file/download/page/1618643322-final-report.pdf.
https://nfr.ut.ac.ir/file/download/page/1618664653-legislative-working-group.pdf.
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