The Impact of Climate Change on Property Rights and Civil Liability

Abstract

The present study aimed to explain and analyze the legal consequences and transformations arising from climate change for two fundamental institutions of private law, namely “property rights” and “civil liability.” It sought to answer the central question of how multicausal, gradual, and transboundary climate phenomena have challenged traditional and individualistic legal conceptions and what revisions they necessitate within legislative and judicial systems. This study employed a qualitative approach based on descriptive–analytical methodology, drawing on library research, overarching legal instruments, and an examination of judicial practice. The findings demonstrated that climate-related risks, particularly in the context of crises such as land subsidence, structural drought, and coastal erosion, have shifted the concept of property from one based on exclusive and unlimited dominion (the principle of taslit, or proprietary dominion) toward “function-oriented and ecological property,” while simultaneously giving rise to a new challenge known as “regulatory taking.” This refers to a situation in which protective regulations, without formally transferring title, completely eliminate the substance and economic benefits of property, thereby making it necessary to apply a three-pronged legitimacy test—comprising legal basis, proportionality, and severity of impact—together with compensatory mechanisms such as Transfer of Development Rights (TDR). From the perspective of civil liability, the classical model of direct causation and the traditional requirement of proving fault have also lost much of their effectiveness in attributing harm because of multicausality, temporal and spatial gaps, and the cumulative release of pollutants. Accordingly, the present study established the necessity of transitioning toward “statistical attribution science,” recognizing the doctrine of “proportionate liability,” accepting claims for certain future harm, and employing judicial presumptions to alleviate the burden of proof imposed on claimants vis-à-vis polluters and public authorities. Finally, based on an analysis of the normative capacities of the Constitution, particularly Articles 40, 45, and 50, as well as Islamic jurisprudential principles such as la darar (the no-harm principle) and tasbib (indirect causation), it was concluded that the Iranian legal system requires fundamental reforms. These include incorporating an ecological resilience limitation into Article 30 of the Civil Code, recognizing liability arising from increased risk through the introduction of Article 14 bis into the Civil Liability Act, and establishing complementary institutions such as a National Climate Damage Compensation Fund and a progressive universal insurance scheme in order to advance distributive and intergenerational justice.