Jurisprudential legal analysis of government civil liability for harmful acts of government against citizens

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SAMANI EHSAN; Vahdati Shobeyri v

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Journal Paper

Paper Information

Journal: JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH Year:2021 | Volume:3 | Issue:6 Page(s): 85-108

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Information Journal Paper

Title

Jurisprudential legal analysis of government civil liability for harmful acts of government against citizens

Author(s)

SAMANI EHSAN | Vahdati Shobeyri v | Issue Writer Certificate

Keywords

Civil Liability Law

Execution of Sovereignty

Civil Liability of Government

Government’s Immunity

Abstract

Governments, like other individuals, sometimes cause harm to citizens due to some excesses in their activities. In such cases, is the government obliged to compensate? According to the theory of “ acts of tenure and sovereignty” proposed by French jurists, the government is solely liable for damages resulting from the exercise of its tenure. Article 11 of the Iranian Civil Liability act also does not require the government to compensate damages resulting from the exercise of sovereignty. In my opinion, this separation is not legally based on reality and is not commensurate with the truth of administrative actions; Because all the actions of the government -unlike private individuals-are in the direction of providing and providing public services. Of course, in some cases, due to Mohsen or other justified reasons, the government may be exempted from paying damages, which in these cases is not contrary to the previous statement (the principle of government responsibility).

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APA: Copy

SAMANI, EHSAN, & Vahdati Shobeyri, v. (2021). Jurisprudential legal analysis of government civil liability for harmful acts of government against citizens. JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH, 3(6 ), 85-108. SID. https://sid.ir/paper/412539/en

Vancouver: Copy

SAMANI EHSAN, Vahdati Shobeyri v. Jurisprudential legal analysis of government civil liability for harmful acts of government against citizens. JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH[Internet]. 2021;3(6 ):85-108. Available from: https://sid.ir/paper/412539/en

IEEE: Copy

EHSAN SAMANI, and v Vahdati Shobeyri, “Jurisprudential legal analysis of government civil liability for harmful acts of government against citizens,” JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH, vol. 3, no. 6 , pp. 85–108, 2021, [Online]. Available: https://sid.ir/paper/412539/en

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