CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ TOWARD A REGIME FOR CIVIL LIABILITY FOR NUCLEAR DAMAGE IN THE ISLAMIC… civil liability laws regarding nuclear damages and analyses the challenges and opportunities for aligning with global norms. Overview of Civil Liability Laws in Iran and the Role of Fault Currently, the prevailing regulations concerning compensation for nuclear-related damages in Iran are based on the general principles of civil liability outlined in the Civil Code adopted in 1307 HS (1928) and the Civil Liability Act adopted in 1339 HS (1960). Under traditional tort law, multiple parties may be responsible for damages caused by a nuclear incident, making it difficult for victims to pinpoint the exact liable party. Additionally, the responsible party would likely bear unlimited liability without the option of securing full insurance coverage. 23 From the combination of statutory laws, the prevailing view among legal scholars today is that Article 1 of the Civil Liability Act, which is based on the principle of “fault”, serves as a general rule covering most instances of civil liability. Therefore, in Iranian law, since the Civil Liability Act was passed, the fault foundation for compensation law has almost explicitly been chosen. 24 However, there are specific cases where strict liability or no-fault liability is accepted in Iranian laws, serving as exceptions to this general rule and, in effect, specifying it. For example, the carriers are held responsible for accidents and negligence during transportation, regardless of whether they directly conducted the transportation or subcontracted it to another carrier. 25 Similarly, employers are responsible for damages caused by their administrative staff or workers in connection with their work. 26 However, it notes that these provisions don’t have straightforward liability towards the operator, as carriers or employers can seek recourse from the primary actor after compensating for damages initially. Islamic Jurisprudence and Liability Theories in Iranian Nuclear Law In Iran, legal regulations and liability theories related to nuclear responsibility are fundamentally derived from Islamic jurisprudence and Sharia principles. This interrelation ensures that statutory laws are not only rooted in legal precedents but also adhere to the ethical and moral standards established by Sharia, thereby shaping the framework of liability in Iranian nuclear law. The Rule of Loss and Its Implications: In Islamic jurisprudence, the Principle of Non-Contractual Indebtedness or Compulsory Guarantee ( Zeman-e Qahri ) includes the warranty against loss named the Rule of Loss ( Zeman-e Etlaf ), which obligates individuals to compensate for damage caused to others’ property without consent or benevolent intent. This concept underscores the direct link between the harmful action and the resulting damage, disregarding any negligence. Consequently, if an individual misuses another’s property or its associated advantages without authorisation, they assume responsibility. They are answerable to the owner, regardless of whether the misuse is intentional or accidental. 27 This bears

23 HANDRLICA, J. and NOVOTNA, M. (n 8) 50. 24 SARBAZIAN, M., SOKHANVAR, M., & RAHIMI PORDANJANI, A., ‘Principles of Civil Liability Arising from Bodily Injuries in Iranian and English Law’ (2017) Vol. 10, No. 5 Journal of Politics and Law 11.

25 See Article 388 of the Iranian Commercial Code. 26 See Article 12 of the Iranian Civil Liability Law.

27 MAASARI BONAB, A., ‘Separation of Deliberate and Indirect Destruction in Iranian Law with an Emphasis on Its Place in Jurisprudence’ [2023] British Journal of Arts and Humanities 57 accessed 8 June 2024.

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