comparative study of determinig the responsible person and the basis of compensation in civil liability results from events related to nuclear facilities in iran and french law and international instruments

nuclear facilities, though have large advantages for human being, they also creates heavy hazards. thus, the question of civil liability resulted from events of mentioned facilities are so significant. this paper studies the question of the basis and the responsible for compensation resulted from aforementioned events in international instruments, iran and french law. outcome of this study shows that in this regard, paris and vienna conventions and the other related conventions and protocols adjust a special legal régime. in this respect, the international instruments while distancing themselves from liability based on fault, highlight the exclusive responsibility of the operator of nuclear facilities and the operator is committed to insurance or appropriate secure financing. also french legal régime has followed this manner with the impact of the paris convention and its amendments and additions. there is no special provisions in iran legal régime in this matter so civil liability resulted from nuclear events is under general rules of civil liability and rules such as itlaf (loss), tasbib (causation), taqsir (fault)and la-zarar (no damage) in the context of imamye jurisprudence. of course, the responsible is basically the one to whom the damage is attributable. finaly, it is appropriate that the iranian legislator predict favorable régime and provide special financial fund for compensation of possible injured parties in accordance with necessities and specific requirements related to nuclear energy.