Investigating the Civil Liability Principles Caused by Nuclear Damage in Respect of the Consequences of Objects

Niazi, A; Yazdanian, A. R; Jalali, M

Investigating the Civil Liability Principles Caused by Nuclear Damage in Respect of the Consequences of Objects

Document Type : Research Paper

Authors

A Niazi ¹

A. R Yazdanian ¹

M Jalali ²

¹ Department of Law, Faculty of Administrative and Economics, University of Isfahan-Isfahan-Iran

² Department of Law, Faculty of Administrative and Economics, University of Isfahan,Isfahan-Iran

Abstract

In civil liability law, the concept of origin of liability come backs to the fact that why causer of damage has duty to compensate. The practical result of this study concerns to prove of fault which in terms of determine of origin of liability, in some time damage person has duty to prove fault of damager and in some time not. Regarding origin of civil liability in traditional law, theory of destruction, directly or in directly and theory of fault is regarded as general rule and absolute liability as exception. Of course at present time, civil liability is not subject to unique rule. Regarding damaged caused by "nuclear material", that include nuclea feul and substances and waste and nuclear facilities, several civil liability theories such as fault theory, or theory of no damage or theory of attribution of act of damage to responsible person or liability for benefit should be considered. It appear that the liability of nuclear operator is based on "ownership, management and benefit". Of nuclear energy. because nuclear energy is a kind of objects and familiar in law and Islamic jurisprudence. Regarding origin of liability for nuclear damage, theory of liability for objects is applicable.

Keywords

Nuclear Material

Causality

Loss

Citation

Exploitation