Document Type : Original Article
Authors
1
PhD Student in Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran.
2
Associate Professor, Department of Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran.
3
Assistant Professor, Department of International Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran.
Abstract
In Islamic law, the rule of "no harm" and in European law, the principle of equality of individuals with respect to public spending are important principles in the realization of the civil liability of the government on a large scale. According to the "no harm" rule, anyone who harms another must compensate, and the principle of equality of persons with respect to public expenditure also states that citizens are equally liable for the costs incurred by the government in the public interest and therefore In case of damage to people, the damages must be compensated because everyone benefits from these public services and it is not fair for some people to pay for it. Today, unlike in the past, government civil liability is accepted, but the immunities left over from the past and the exemptions that governments have set for themselves are so widespread that government civil liability cannot be taken for granted. Cases of compensation to individuals by the government is the principle of compensation? And do existing laws guarantee the rights of individuals? In this article, with a descriptive-analytical method, we deal with the fact that based on principles such as harmlessness and the principle of equality of individuals against public expenditures, the principle is the responsibility of the government, except in cases authorized by law and where the government is responsible. Slowly Fair or just compensation, as enshrined in the laws of many countries, cannot adequately guarantee the rights of individuals.
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