نوع مقاله : مقاله پژوهشی
نویسنده
، گروه حقوق و فقه، پژوهشکده تحقیق و توسعه علوم انسانی، سازمان مطالعه و تدوین کتب علوم انسانی(سمت)، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Material and spiritual losses caused by damages and destruction of urban green space is a subject that requires legal protection to prevent and compensate these losses. The following article follows the necessity of explaining and enumerating the elements of legal responsibility for damages and destruction of urban green spaces with the aim of introducing a proportional system of legal responsibility to compensate for material and moral damages caused to urban green spaces. This research is trying to investigate and explain the issue with the analytical-descriptive and library method and with the tool of data collection and reference to laws and regulations and numerous articles. The findings of the article show; In order to protect the urban green space, the legislator used the expression compensation for damage in Article 4 of the Law on Urban Green Space. Compensation for damages is relevant where damage is caused to the environment and urban green space. The result is that; In order to fulfill the legal responsibility, the existence of elements is necessary, the sum of which is interpreted as civil responsibility. In case of missing one of the elements which are; Damage, harmful action, causation relationship cannot be proven. In the subject rights, including civil law and civil liability, the prohibition of damage to property as well as their waste, including the environment, has been emphasized. In other words, receiving damages is a condition for the fulfillment of legal responsibility, and its compensation can be realized based on the aforementioned contents.
کلیدواژهها [English]
)