| چکیده انگلیسی مقاله |
Soil is one of the most fundamental resources in the world and is a non-renewable resource in human lifetime. It constantly has encountered with massive destruction by the improper use in many ways. The expanding trend of degradation of water and soil resources, especially the human’s unlawful intervention in the environment, has caused the deterioration of nature in the form of ghastly floods, landslides and land subsidence, etc. Human activities such as deforestation, fire of agricultural lands, inappropriate plowing, unmanageable livestock grazing, non-reasonable and non-equitable use of groundwater, changing the land use, urban development, soil and water pollution and, in general, non-compliance with technical principles of sustainable soil utilization, cause soil erosion and consequently degradation of environment. Breaching the applicable law on soil utilization or lack of protective and preventing rules in this area have led to serious degradation of soil by the beneficiaries. The livelihoods of all of us depends on the soil, and due to the soil situation in Iran, there are many threats in this regard. with the access to the set of new technologies and heavy machinery for road construction, agriculture and drilling, utilization and even the sale and smuggling of the soil and consequently, destruction happen in wide range. Civil liability for violation of environmental regulations, is an important principle for making the violators responsible before the law and courts. The issue of attributability and causal relationship between damages and the source of these harms, wrongful act or omission, as well as, the possibility of compensation has made these matters more important. The term of civil liability reflects the set of mandatory obligations for violators to compensate in effective and different ways. This study, using descriptive - analytical method, concluded that despite the current Iranian laws in the field of environment did not have the effective and proper protection of soil but by approving the Soil Conservation Act, an effective step has been taken in this regard. Furthermore, it can be said that according to the principles of civil liability, this rule has been accepted as a truth that anyone who damages another should compensate for it. Court das not require especial legal texts for every cases therefore, unlawful, non-reasonable or unequitable use of soil is enough for being responsible to compensate. This paper investigates the legal gaps in the Iranian legal system related to soil conservation and based on the principle of civil liability provides some solution to make effective legal protection of soil as well as binding the soil utilizers to legal and environmental restrictions. |
