Reasons for municipal exemption from civil liability with a view to judicial procedure

Document Type : Original Article

Authors

1 Private law student, PhD student, Islamic Azad University, Yasouj Branch

2 Assistant Professor of Law, Islamic Azad University, Yasouj Branch

3 Consultant Professor, Assistant Professor, Department of Civil Engineering, Yasouj Branch, Islamic Azad University, Yasouj, Iran

10.30510/psi.2022.315177.2649

Abstract

The main purpose of the rules of civil liability is to compensate the material and moral damages and repair the damage, which the municipality and its employees are no exception to this rule. The legal basis of civil liability of municipalities is Article 11 of the Civil Liability Law approved in 1339. According to this article, damages may be caused by personal fault of employees or municipal administrative error or damage to the community, but what is the subject of this article is to review the cases of municipal exemption from civil liability by looking at the judicial procedure in This is the case, although the legislator in Article 11 of the Civil Liability Law states the conditions for the realization of the responsibility of employees or the municipality, but it must be seen in which cases the municipality is exempt from compensation for damages caused by its actions. On the other hand, in the last part of this article, only the government is mentioned about the exemption from compensation for damages caused by government actions. It has been used, so it should be seen that the non-use of the word municipalities in this section was due to the negligence of the legislator or the legislator has deliberately taken such an action, in which case the non-use of the word municipalities is related to the type of municipal actions. Has the legislature consciously spoken only of the government because it did not consider municipal action to be sovereign?

Keywords

Political Sociology of Iran
Volume 5, Issue 4
August 2022
Pages 1365-1382

Files

Share

How to cite

Statistics