CIVIL LIABILITY OF THE LEGAL SYSTEMS OF ITALY, FRANCE, UNITED STATES AND IRAN

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DAVARNIA R.

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: PRIVATE LAW STUDIES Year:2007 | Volume:- | Issue:74 Page(s): 135-148

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Information Journal Paper

Title

CIVIL LIABILITY OF THE LEGAL SYSTEMS OF ITALY, FRANCE, UNITED STATES AND IRAN

Author(s)

DAVARNIA R. | Issue Writer Certificate

Keywords

NDEPÉNDANCE DU JUGEQ3

IMMUNITÉ DU JUGEQ3

RESPONSABILITÉ CIVILE DU JUGEQ3

ITALIEQ2

FRANCEQ2

ETATS-UNISQ2

IRANQ2

Abstract

If judge enforces law improperly by mistake or by misuse of authority, the rights of the accused person, or parties to the case may be infringed. For centuries, the civil liability of the judge in different legal systems has not been efficiently taken into consideration in spite of the so-called "principle of judicial immunity". By the growth of democracy and with special regard to the principle of equality, the legislators make an effort to take a distance from the principle of absolute immunity, and shift toward civil liability of judge or government.At present, the judge in western countries will confront not only criminal and tribunal liabilities but also civil liabilities when violate the laws. In such a case, a significant portion of losses or damages to the citizens shall be indemnified by the government or insurance companies. In the legal system of IRAN, though stipulated in the article 171 of the constitutional law, those parties having sustained a loss or damage due to improper legal decisions are not effectively subjected to the indemnity of the losses incurred. To investigate this issue and its comparison with the legal systems of a number of developed societies in brief is the core discussion of the present paper.

Cites

A JURISPRUDENCIAL STUDY OF LEGAL RESPONSIBILITY AND IMMUNITY OF JUDGES

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APA: Copy

DAVARNIA, R.. (2007). CIVIL LIABILITY OF THE LEGAL SYSTEMS OF ITALY, FRANCE, UNITED STATES AND IRAN. PRIVATE LAW STUDIES, -(74), 135-148. SID. https://sid.ir/paper/124858/en

Vancouver: Copy

DAVARNIA R.. CIVIL LIABILITY OF THE LEGAL SYSTEMS OF ITALY, FRANCE, UNITED STATES AND IRAN. PRIVATE LAW STUDIES[Internet]. 2007;-(74):135-148. Available from: https://sid.ir/paper/124858/en

IEEE: Copy

R. DAVARNIA, “CIVIL LIABILITY OF THE LEGAL SYSTEMS OF ITALY, FRANCE, UNITED STATES AND IRAN,” PRIVATE LAW STUDIES, vol. -, no. 74, pp. 135–148, 2007, [Online]. Available: https://sid.ir/paper/124858/en

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