Document Type : Original Research Paper

Authors

• A. Shamshiri ¹
• Gh. Hajinoori ²
• R. Sokoti Nasimi ²
• A. Nojavan ³

¹ Department of Private Law, Islamic Azad University, East Azarbaijan Science and Research Unit, Iran

² Department of Private Law, Tabriz University, East Azarbaijan, Iran

³ Department of Private Law, Islamic Azad University, Ilkhchi branch, East Azarbaijan, Iran

Abstract

The types of damages that can be claimed and the way of compensation are among the issues that are dealt with by the nuclear liability conventions. Providing appropriate financial guarantees as one of the principles of nuclear civil liability is the most important method of compensation. The interest of countries in insurance has caused regulations in this field to be established in the conventions. Insurance only covers damages that are listed in the relevant conventions. In earlier conventions, personal and financial damages and in later conventions, new categories of nuclear damages such as loss of profit and pure economic losses have been considered claimable. In Iranian law, it seems that pure economic losses can be considered compensable from the generality of warranty rules such as harmlessness. Operators of nuclear facilities have limited liability based on conventions or domestic laws; But Iran does not have a special law in the field of civil liability caused by nuclear accidents, and it is not a member of any of the conventions; Therefore, it is possible to act only according to the general rules of responsibility, which, of course, the amount of responsibility is unlimited; Therefore, it is necessary to formulate a special law or to be a member of related conventions to benefit from insurance facilities.

Keywords

• Insurance
• Nuclear Damages
• Loss of Profit
• Pure economic Damage
• Causes of Immunity