mohammad salehimazandarani; mohammad bafahm
Abstract
One well-known theory of government civil liability is that the government is immune to civil liability in face of harmful government actions. In Iranian law, Article 11 of the Civil Liability Law evokes this theory, and therefore, most jurists and legal writers, citing this article and considering ...
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One well-known theory of government civil liability is that the government is immune to civil liability in face of harmful government actions. In Iranian law, Article 11 of the Civil Liability Law evokes this theory, and therefore, most jurists and legal writers, citing this article and considering the jurisprudential and legal basis of the authority of the Islamic ruler and the government, believe that legal system and jurisprudence Imamiyya has recognized the theory of state immunity. This article seeks to understand the approach of Iranian law to the responsibility of the government resulting from the exercise of sovereignty and to critique the well-known opinion of jurists and legal writers. In addition to a new review of Article 11 of the Civil Liability Law, as well as an analysis of the relationship between Article 11 of the Civil Liability Law and the Civil Code, the limits of the government's civil liability for harmful acts of governance are explained. The legality, exceptionality and illegality of government liability are examined. The results of this article show that contrary to the popular opinion of jurists and legal writers, despite the initial appearance of Article 11 of the Civil Liability Law, the theory of government immunity and illegality of responsibility of the government cannot be attributed to Iranian law and Imami jurisprudence.
