The Civil Liability Regime of the Polluter-Producer in Comparative Law: What Evolution?
The general rules of civil liability remain the privileged system, which manages the legal regime of civil liability of the «polluter-producer » in most legal systems so far, and despite attempts to free up to weave a particular regime which takes into account the particular nature of the damage suf...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | Arabic |
| Published: |
Qatar University Press
2021-04-01
|
| Series: | International Review of Law |
| Subjects: | |
| Online Access: | https://journals.qu.edu.qa/index.php/IRL/article/view/1778 |
| _version_ | 1818907019135942656 |
|---|---|
| author | Chehida Kada Maamar Bentria |
| author_facet | Chehida Kada Maamar Bentria |
| author_sort | Chehida Kada |
| collection | DOAJ |
| description | The general rules of civil liability remain the privileged system, which manages the legal regime of civil liability of the «polluter-producer » in most legal systems so far, and despite attempts to free up to weave a particular regime which takes into account the particular nature of the damage suffered by the environment. Based on this perspective, legislations have tried to draw inspiration from the principles of defective products liability scheme, as a basic system, others have opted for the adaptation and enrichment of certain concepts of rules of tort law or contractual liability. In the light of these paths, it seemed to us necessary to question the limits of these rules and their capacity to adapt to the specificities of ecological damage, which will lead us to seek the foundations and components of the adequate civil liability regime of the «polluter-producer», able to respond to curative answers to many problems raised by the issue on many aspects. |
| first_indexed | 2024-12-19T21:48:28Z |
| format | Article |
| id | doaj.art-d65df38412a6490db533244f59746036 |
| institution | Directory Open Access Journal |
| issn | 2710-2505 2223-859X |
| language | Arabic |
| last_indexed | 2024-12-19T21:48:28Z |
| publishDate | 2021-04-01 |
| publisher | Qatar University Press |
| record_format | Article |
| series | International Review of Law |
| spelling | doaj.art-d65df38412a6490db533244f597460362022-12-21T20:04:28ZaraQatar University PressInternational Review of Law2710-25052223-859X2021-04-0192The Civil Liability Regime of the Polluter-Producer in Comparative Law: What Evolution?Chehida KadaMaamar BentriaThe general rules of civil liability remain the privileged system, which manages the legal regime of civil liability of the «polluter-producer » in most legal systems so far, and despite attempts to free up to weave a particular regime which takes into account the particular nature of the damage suffered by the environment. Based on this perspective, legislations have tried to draw inspiration from the principles of defective products liability scheme, as a basic system, others have opted for the adaptation and enrichment of certain concepts of rules of tort law or contractual liability. In the light of these paths, it seemed to us necessary to question the limits of these rules and their capacity to adapt to the specificities of ecological damage, which will lead us to seek the foundations and components of the adequate civil liability regime of the «polluter-producer», able to respond to curative answers to many problems raised by the issue on many aspects.https://journals.qu.edu.qa/index.php/IRL/article/view/1778Civil LiabilityPolluter-producerPolluter pays principleEnvironmental LiabilityEcological DamageParent Companies Liability |
| spellingShingle | Chehida Kada Maamar Bentria The Civil Liability Regime of the Polluter-Producer in Comparative Law: What Evolution? International Review of Law Civil Liability Polluter-producer Polluter pays principle Environmental Liability Ecological Damage Parent Companies Liability |
| title | The Civil Liability Regime of the Polluter-Producer in Comparative Law: What Evolution? |
| title_full | The Civil Liability Regime of the Polluter-Producer in Comparative Law: What Evolution? |
| title_fullStr | The Civil Liability Regime of the Polluter-Producer in Comparative Law: What Evolution? |
| title_full_unstemmed | The Civil Liability Regime of the Polluter-Producer in Comparative Law: What Evolution? |
| title_short | The Civil Liability Regime of the Polluter-Producer in Comparative Law: What Evolution? |
| title_sort | civil liability regime of the polluter producer in comparative law what evolution |
| topic | Civil Liability Polluter-producer Polluter pays principle Environmental Liability Ecological Damage Parent Companies Liability |
| url | https://journals.qu.edu.qa/index.php/IRL/article/view/1778 |
| work_keys_str_mv | AT chehidakada thecivilliabilityregimeofthepolluterproducerincomparativelawwhatevolution AT maamarbentria thecivilliabilityregimeofthepolluterproducerincomparativelawwhatevolution AT chehidakada civilliabilityregimeofthepolluterproducerincomparativelawwhatevolution AT maamarbentria civilliabilityregimeofthepolluterproducerincomparativelawwhatevolution |