Basics of city council civil liability and methods of compensating individuals

Document Type : Original Article

Authors

1 PhD Student in Private Law, UAE Branch, Islamic Azad University, Dubai, UAE

2 Assistant Professor of Private Law, Raja University, Qazvin, Iran

3 Assistant Professor of Law, Science and Research Branch, Islamic Azad University, Tehran, Iran

Abstract

whose decisions can lead to damages for other people. The main question that arises in this regard is what are the basics of civil liability of the city council and what are the methods of compensating individuals? The present article is a descriptive-analytical study and examines the question using the library method. The results indicate that the civil liability of the city council has been accepted under the Civil Liability Law and the council also has civil liability based on collective decisions as a legal entity and council members have individual responsibilities according to their duties. As a result of implementing the resolutions of the city council or leaving the act in the form of not acting in accordance with the defined duties, damaging other persons, is responsible for the fault or omission of the act. The study of civil liability of members of town and village councils and mayors in the Iranian legal system shows that, despite the provision of certain situations in the adopted laws, which has accepted the responsibility of the government in accordance with theories of fault or danger; In many cases there is a legal problem or vacuum. The necessity of justice, which dictates the compensation of damages, makes the realization and consolidation of civil liability of a kind and without "fault" that is similar to the theories of "danger" or "guarantee of rights" in foreign law as an inevitable principle and rule.

Keywords

Political Sociology of Iran
Volume 5, Issue 10
December 2022
Pages 1266-1282

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