Journal of Legal Research

Journal of Legal Research

Production and the Necessity of Adhering to Environmental Regulations

Document Type : Original Article

Authors
1 PhD Student in Private Law, College of Farabi, Faculty of Law, University of Tehran, Qom, Iran.
2 Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
Abstract
Mass and diverse production is the most obvious face of today's world. Despite Production has important role in development, it causes major climate changes and environmental pollution. Environmental pollution is one of the most important crises in today's society, an issue that threatens the fate of mankind and harms the human right to a healthy environment, which is a fundamental right. Pollution caused by production is mostly due to lack of standards, poor quality of products and lack of control. Pollution caused by production can never be reduced to zero; but with basic action, pollution can be minimized. The basic solutions are that in the field of production, one should pay attention to the goals of deterrence, apply strict production standards and update the standards. Products should be made from renewable materials based on environmental standards and in line with sustainable development. The "factor of pollution" of the environment, due to creating the source of pollution and violating the rights of others, has civil liability and must compensate for the resulting losses; because the right to access healthy environment is one of the fundamental human rights, and polluting production damages this right. In Iran's legal system, about the civil liability, the "fault theory" is the criterion. This theory is not effective for environmental pollution. Also According to this theory, Demand for environmental damage is difficult. For this reason "strict liability" and Conventional citation can be effective to reduce the environmental pollution of product.
Keywords

  •  

    • Eskini, Rabia,"Commercial law, commercial companies". 2Ed, Tehran, S.M.T Publications (1378). (In Persian)
    • Eftehari, Vahid; Parvaei Akbar, "An overview of the concept of profit quality and the ambiguity in its researc". Accounting and auditing studies 10(1393). (In Persian).
    • Bazgir, Yadollah, "Standards of commercial law in the decisions of the Supreme Court". Tehran, Ganj Danesh Publications (1378). (In Persian)
    • Dehkhoda, AliAkbar, "Dictionary". 9Ed, Tehran, Tehran University Publications (1377). (In Persian).
    • Jafari Langerudi, Mahammad Jafar, "Legal Terminology".Tehran, Ganj Danesh Publications (1370). (In Persian)
    • Rouzbahani, Shahram, "Preliminary General Accounting". Tehran, Negha Danesh Publications (1392). (In Persian).
    • Zandi, Mohammad Reza, "The Judicial Procedure Of the General Legal Courts Of Tehran". Tehran, Jangal Publication (1392). (In Persian).
    • Shahri Gholamreza; Soutude Jahromi Soroush, "The opinions of the Legal Department of the Judiciary In The Field Of Criminal Issues". 1Ed, Tehran, Official Newspaper Publications(1375). (In Persian).
    • Hassas, Yeganeh; Madahi, Azadeh, "The Effectiveness Of The Audit Process In Discovering important Mistakes And Distortions In Financial Statements. Financial Accounting And Auditing Research". Journal Of Financial Accounting And Audit Research99 (1388). (In Persian).
    • Saghari, Mohammad, "Commercial Law, Companies". Tehran, Publishing Company (1390). (In Persian).
    • Tousi, Abbas, "Economic Analysis Of Corporate Law". Tehran, Shahr Danesh Publication (1393). (In Persian).
    • Iesaie Tafreshi, Mohammad, "Laws Of Commercial Companies". 1Ed, Tehran, Publications Of Tarbiat Modares University (1395). (In Persian).
    • Katouzian, Naser, "General Rules Of Contracts". 3Ed, Tehran, Publishing Corporation Company (1380). (In Persian).
    • Kordestani Gholamreza; Keshavarz Hedayati Maryam "Accounting Profit Against Economic Profit". Journal Of Official Accounting 119 (1391): 17-19. (In Persian).
    • MirSaedi, Seyyed Mansour; Javanmardi, Mohammad, "Analysis Of The Crime Of Making An Illegal Opinion Of The Inspector And Auditor Regarding The Provided Financial Information". Journal Of Criminal Law Research 16. (In Persian).
    • Vaez, Seyyad Ali; Banaei, Rahim, "Earnings Quality, The Big Challenge Of Accounting". Journal Of Accounting And Auditing Studies 38. (1400). (In Persian).
    • Chamouland– Trapiers ,Annie . droit 2Ed. Paris: Dalloz, 2010. (In French).
    • Cohen, droit et economic du process civil. 5Ed. Paris: LGDJ, 2011. (In French).
    • Vidal, Droit des sociétés. 3Ed. Paris: LGDJ, 2010. (In French).
    • Waline, Jean. Droit administratif. 2Ed. Paris: Dalloz, 2011. (In French).
    • Arye Bebchuk, Lucian. "corporate law and economic Analysis". 1Ed. Paris: Cambridge university pres, 1990. (In French).
    • le cannu, Paule, and Brano Donder. "droit des sociétés". 3Ed. Paris: LGDJ, 2013. (In French).
    • Gale, Thomson. "Encyclopedia of American Law,v3". 7Ed. New York: Gale, 2004. (In English).
    • Mangier, Veronigue, and Michel German. Traité de droit des affaires, T2. 3Ed. Paris: LGDJ, 2002. (In French).
    • Buffelan, Yvaine, and virginie carriban- Terneyre. droit civil, les obligation. 5Ed. Paris: Sirey, 2014. (In French).