Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Examining the Conditions and Elements of Civil Responsibility of Non-Governmental Organizations that Pollute the Air

Document Type : research

Authors
1 Department of Private Law, ST.C., Islamic Azad University, Tehran, Iran.
2 Department of Islamic Studies, ST.C., Islamic Azad University, Tehran, Iran.
3 Department of Private Law, NT.C., Islamic Azad University, Tehran, Iran.
10.22034/ejs.2026.469996.1889
Abstract
Background and Aims: Air pollution is one of the major problems of Iran. One of the important factors of air pollution is non-governmental organizations. Based on this, the purpose of this article is to examine the conditions and elements of the civil liability of non-governmental organizations that pollute the air.
Materials and methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: The findings showed that it seems that the Clean Air Law approved in 2016 has not explicitly addressed the elements and conditions of proving the civil liability of non-governmental organizations and the methods of compensation for damages in case of air pollution. However, according to the general rule of civil responsibility, the realization of harm, the harmful agent and the relationship of causation are the most important elements and conditions for realizing the civil responsibility of non-governmental organizations that pollute the air.
Result: It seems that the difficulty of proving the causal relationship, the number of causes in air pollution, the rule of action and the rule of benevolence are considered to be among the most important obstacles and challenges to verify the civil responsibility of non-governmental organizations in case of air pollution.
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