Investigation of government civil liability for deaths due to suicide in the military

Document Type : Original Article

Authors

1 PhD Student in Private Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan (Khorasgan), Iran

2 Assistant Professor, Department of Private Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan (Khorasgan), Iran.

10.30510/psi.2022.299163.2113

Abstract

Aims: The aim of this study was to investigate the civil liability of the government for death due to suicide in the military.
Methods: The research method is descriptive-analytical and the means of achieving the present research is based on the use of books and articles as well as laws related to the research topic.
Findings: In relation to Article (11) of the Civil Liability Law, in the first place, the damage caused to individuals due to government actions can be compensated when the damage is documented by government action. In other words, there must be a relationship between harmful action and damage. There must be a cause.
Secondly, in the case of damages resulting from the exercise of sovereignty, if there are two conditions, the government will be exempt from compensation and compensation. The first is that the government should be in a position to exercise sovereignty, and the second is that this action should be done as necessary and in accordance with the law to ensure social interests.
Conclusion: According to the existing laws, physical and mental health as well as non-drug addiction in the field of general conditions of employment of permanent and contract staff in military personnel should be considered. In the case of conscripts, these cases are also considered and the conditions that endanger their physical and mental health are examined and corrected.

Keywords

Political Sociology of Iran
Volume 5, Issue 12
February 2023
Pages 2407-2418

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