Civil Liability of Electricity Supply Institutions in Iran and America from the Perspective of "Sovereignty" or "Management"

Document Type : Scientific Research

Authors

1 Doctoral Student of Private Law, Islamic Azad University, Tehran Branch, Center, Tehran, Iran.

2 Associate Professor, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran.

3 Professor, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran.

Abstract

The purpose of this research is to answer the question that under what conditions is the civil liability of the electricity supplier institutions in Iran and the United States caused by the acts of governance and under what conditions is it caused by the acts of entrepreneurship? It is trying to use a qualitative method based on collecting information from library sources (documents) and analytical-descriptive method, in the form of conducting a comparative study, to find some examples that can create civil liability for the government or others in the two legal systems of Iran and the United States. The trustees (private electricity supply institutions) should be investigated in front of consumers or subscribers of electricity.The findings of this study indicate that the civil liability of electricity supplier institutions in Iran and the United States in the stages of production and transmission is considered as "sovereign actions" and the civil responsibility of electricity supplier institutions in the distribution stage among subscribers and consumers is considered as "operating actions". . Despite this commonality, comparative studies have been carried out indicating that the civil liability of the electricity supplier in the production phase is based on the Iranian legal system and based on "pure error" in the American .if the government, as If supplier fails due to lack of policies or lack of investment in electricity production or purchase and , it becomes eligible for civil liability, among the examples of civil liability of electricity supplier institutions in the distribution phase,

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