Volume 13, Issue 4 (2009)
CLR 2009, 13(4): 47-70 |
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Babaei1 I, - -, - -, - -. The Role of Economic Considerations in Iranian Nuisance Law. CLR 2009; 13 (4) :47-70
URL: http://clr.modares.ac.ir/article-20-559-en.html
URL: http://clr.modares.ac.ir/article-20-559-en.html
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1- Faculty of Law, Allame Tabatabaei University, Tehran, Iran
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Abstract: (10368 Views)
The owner is allowed to use his property how ever he wants and to benefit from it (Article 30 of Civil Code) but his activity should not impair the neighbor unless it is reasonable and necessary to meet a need or to prevent a loss. If the activity is unreasonable and prejudicing neighbor is foreseeable (Article 132 of Code Civil & Articles 352 & 353 of Islamic Criminal Code), the jurer is obligated to compensate the victim, but Article 132 does not mention whether the activity has to be stopped. It is better to take into account the economic considerations to determine the reasonableness of the activity, so if a person uses his property while takes all reasonable precautions but the neighbor’s damage is more than his if he stops using his property, it is difficult to suppose that the activity is reasonable.
Received: 2009/01/24 | Accepted: 2009/06/27 | Published: 2010/02/20
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