According to art. VII point 1 of the Vienna Convention, the State in whose territory
the facility is located ensures the payment of nuclear damage allowances, recognized as
being the responsibility of the operator, providing the necessary amounts insofar as the
insurance or the financial guarantee would not be sufficient.
The special character of the civil liability for nuclear damage also concerns the
exonerating cases of liability. These have a restrictive character and include the
assumptions in which the nuclear damage caused by a nuclear accident resulted directly
from acts of armed conflict, hostilities, civil war or insurrection.
According to the polluter pays principle, in the area of nuclear damage liability the
operator pays, any conditioning on the subjective attitude of this person towards the
accident and the damage produced is removed. The evidence of the fault of the responsible
person is eliminated, which is impossible to manage, on the one hand, and there is the risk of
not covering the damages produced in very serious circumstances, often impossible to
evaluate, on the other.
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