Mehrzad Jamshidi, Mansour Pournouri, Seyed Abbas Poorhashemi, Daryoosh Karimi
Awareness of the importance of the environment and its effective role in human life has made the environment a major concern in recent decades. Due to the alarming conditions of the environment at the present, it is definitely necessary to review legal system of environmental protection in all sections, especially in the field of civil liability. In this study, investigating the concept of liability as one of the pillars of environmental law system, explaining the concept of environmental liability, establishing the inherence of environmental liability, determining the flaws of traditional civil liability in solving environmental problems along with explaining environmental civil liability, dividing environmental civil liability into public and specific liability, the difference of the goal, intention, and elements of this liability with traditional civil liability, and establishing the boundary between these two liabilities, all indicate that environmental civil liability differs from civil liability. It also shows that protecting the environment requires special means other than classic means of civil liability. Moreover, traditional civil liability as one of the pillars of the applicable legal system is not able to protect the environment and environmental security, and environmental civil liability is not the subsection of traditional civil liability, and thus the identity of environmental civil liability is independent of traditional civil liability and has the potential to protect the environment.
