Ray (Judicial Case Review)

Ray (Judicial Case Review)

The limits of civil responsibility of the government in Iran's legal system with an emphasis on jurisprudence

Authors
1 Ph.D. student of private law, faculty of law and political science, Kharazmi University of Tehran/researcher of private law and Judiciary Research Institute
2 Master's student of Farabi School of Tehran University and a lawyer
10.22106/jcr.2024.2018060.1468
Abstract
Although at first the responsibility of the government was considered only for governmental actions and not governmental actions, but with the victory of the revolution of the Islamic Republic of Iran and the approval of various laws, civil responsibility was raised. For the government in all actions, including administrative and governmental actions. Based on Articles 1 and 11 of the Civil Liability Law and Article 171 of the Constitution of the Islamic Republic of Iran, the civil liability of the government was undoubtedly foreseen. According to the mentioned rules of the mentioned articles and Article 171 of the Constitution, in cases where the government official intentionally or negligently causes damage to other members of the society while performing his duty, he will be responsible. Even in cases where the fault is slight or very slight or a government official commits a mistake, the civil responsibility of the government is raised and depending on the case, it is possible or impossible for the government to refer to the guilty official. . According to the principles and rules governing the institution of civil responsibility, the government is responsible for all its harmful actions, even if this harmful action is aimed at providing public benefits. In other words, the legal foundations clearly indicate that in case of fault, the civil responsibility rests with the government, and in some cases, the absolute or pure responsibility of the government is close to the jurisprudential and rational foundations.
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Volume 11, Issue 41
41
Winter 2023
Pages 39-70

  • Receive Date 16 December 2023
  • Revise Date 26 January 2024
  • Accept Date 14 February 2024