Foundations and Principles of Corporal Injury Compensation in Nuclear Accidents; Comparative Study of French Law and International Conventions

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Javaherkalam Mohammad Hadi

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Journal Paper

Paper Information

Journal: QUARTERLY OF LEGAL ENCYCLOPEDIAS Year:2020 | Volume:3 | Issue:6 Page(s): 30-74

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Title

Foundations and Principles of Corporal Injury Compensation in Nuclear Accidents; Comparative Study of French Law and International Conventions

Author(s)

Javaherkalam Mohammad Hadi | Issue Writer Certificate

Keywords

nuclear accidents

Corporal injury Compensation

Basis of Civil Liability

Nuclear Exploiter

Compensation Fund

Abstract

In this article, the principles of Corporal injury Compensation in nuclear accidents are studied through a comparative study of French law and international conventions. The purpose of this study was to provide a model for establishing a special system of compensation for corporal injury in nuclear accidents in Iranian law. The main question in advanced legal systems is what is the Basis of Civil Liability in case of nuclear accidents, and what principles does compensation for victims of nuclear accidents follow. Through a descriptive-analytical research method and by studying the subject in French law and international documents, we came to the conclusion that civil liability in nuclear accidents is directed towards the Nuclear Exploiter and the liability is not based on fault; Rather, even the reasons for the exemption from liability are very limited, and perhaps the force majeure and the fault of a third party do not preclude liability for nuclear user. Also, through insurance and liability of the member states of the conventions and the like, an attempt has been made to forecast a fund to compensate for the accidents and its financial resources has been provided. Whereas in Iranian law, liability for nuclear accidents is subject to the general rules of civil liability and does not provide any effective protection to victims of nuclear disasters. Therefore, it is proposed to establish a "special system for compensation for nuclear accidents" focusing on state responsibility and the provision of an independent fund.

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APA: Copy

Javaherkalam, Mohammad Hadi. (2020). Foundations and Principles of Corporal Injury Compensation in Nuclear Accidents; Comparative Study of French Law and International Conventions. QUARTERLY OF LEGAL ENCYCLOPEDIAS, 3(6 ), 30-74. SID. https://sid.ir/paper/778753/en

Vancouver: Copy

Javaherkalam Mohammad Hadi. Foundations and Principles of Corporal Injury Compensation in Nuclear Accidents; Comparative Study of French Law and International Conventions. QUARTERLY OF LEGAL ENCYCLOPEDIAS[Internet]. 2020;3(6 ):30-74. Available from: https://sid.ir/paper/778753/en

IEEE: Copy

Mohammad Hadi Javaherkalam, “Foundations and Principles of Corporal Injury Compensation in Nuclear Accidents; Comparative Study of French Law and International Conventions,” QUARTERLY OF LEGAL ENCYCLOPEDIAS, vol. 3, no. 6 , pp. 30–74, 2020, [Online]. Available: https://sid.ir/paper/778753/en

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