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Objective responsibility for nuclear pollution (its concept and elements) | ||
| Kirkuk University Journal: Humanity Studies | ||
| Article 27, Volume 19, Issue 2, December 2024 PDF (721.72 K) | ||
| Document Type: Research Paper | ||
| Authors | ||
| Rafid Kadhum Fayyad Jaber* 1; Muhammad Sadiqi Sadiqi2 | ||
| 1PhD student - College of Law - University of Religions and Sects – Qom | ||
| 2Masouma University‎ - Qom | ||
| Abstract | ||
| This research deals with the subject of objective liability for nuclear pollution as an advanced stage of responsibility that emerged during the industrial revolution as a natural reaction to the failure of traditional tort liability to keep pace with development due to the difficulty of proving the element of fault as it is one of the main pillars on which tort liability in particular is based. In accidents arising from industrial development, the pollutants caused by machines and factories, and the damage to individuals and population groups, In many cases, it is not possible to prove fault on the part of the perpetrator of the harmful act. Therefore, it was necessary for the judiciary and the legal jurisprudence behind it to find a solution to the suffering of those affected. The tendency was to adopt only the damage element as a basic element, in addition to which it is necessary to compensate the injured person by the perpetrator of the harmful act. There must be a causal relationship between the act and the damage. In this research, we will try to define the concept of objective liability and the definition of nuclear pollution. We will also study the pillars of objective liability resulting from nuclear pollution damage by dealing with the nuclear accident as an act requiring compensation. We will also discuss the basic pillar of objective liability, which is damage, and then we will look at the causal relationship. Between the nuclear accident and the damages incurred | ||
| Keywords | ||
| Subjective liability; nuclear contamination; nuclear accident; damage | ||
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