Delimitación de la responsabilidad objetiva por daño ambiental
The main goal of this research is to explain the limits of article 396 in the Ecuadorian Constitution which marks the responsibility of the environmental damages as an objective fact. To reach this goal it is necessary to analyze the environmental law that promotes the nature protection. The researc...
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| Médium: | bachelorThesis |
| Jazyk: | spa |
| Vydáno: |
2014
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| Témata: | |
| On-line přístup: | http://dspace.udla.edu.ec/handle/33000/83 |
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Přidat tag | Shrnutí: | The main goal of this research is to explain the limits of article 396 in the Ecuadorian Constitution which marks the responsibility of the environmental damages as an objective fact. To reach this goal it is necessary to analyze the environmental law that promotes the nature protection. The research of environmental damage includes the difference between ecological damage and detriment of the environment. Indeed, the main contrast among those concepts is the definition of legal protection. The first one promotes the environmental protection, in the other hand; the other indicates that the damage of individual rights can be compensated. Both concepts have the same consideration in defining a harmful event. This Study will serve to establish the limits of the constitutional article in order to know how to apply the objective responsibility. For this reason, it has been necessary to determine that any damage on the environment has effect on nature. Finally, it is important to analyze the facts that excuse the responsibility over environmental damages. Therefore, it is necessary to verify that an event has not provoked any damage over environment. |
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