Civil Liability of Detailed Plan Commission for Damages Caused by the Implementation of its decrees

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Khubyari Hamed; keshavarzi Shima

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Journal Paper

Paper Information

Journal: QUARTERLY OF LEGAL ENCYCLOPEDIAS Year:2021 | Volume:4 | Issue:12 Page(s): 48-68

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Information Journal Paper

Title

Civil Liability of Detailed Plan Commission for Damages Caused by the Implementation of its decrees

Author(s)

Khubyari Hamed | keshavarzi Shima | Issue Writer Certificate

Keywords

Civil Liability

Article 5 Commission

Detailed Plan

Juridical Person

Abstract

Though urban planning has a long history in Iran, the growing population in the cities, especially in recent centuries, the emergence of governments in its modern sense, and particularly numerous and different needs of the citizens has led each city to implement its own particular comprehensive and Detailed Plan suited to its specific circumstances. In Iran, ratification and modification of detailed urban plans are undertaken by a commission called the Detailed Plan Commission. These commissions are generally known as Article 5 Commissions and this refers to the Article 5 of the Act entitled Establishment of the Iranian Supreme Council on Urban planning and Architecture. Regulation and modification of Detailed Plans require a high degree of expertise and the legislator has therefore sought to minimize the possibility of error by bringing together experts from different fields. Nevertheless, the possibility still exists of error or intentional misconduct on the part of the members of the commission, and the resultant damage inflicted on the citizens. Therefore, the main challenge is how to compensate for this damage. However, to achieve the desired result, we need to answer such questions as the nature of the commission, the status of its capacity for rights and the capacity to exercise its rights and obligations, the extent of the government's liability for the damages caused by the commission’ actions, and finally the position of the delinquent committee members in this equation. According to the authors, in the first step, the government has the responsibility to compensate for damages sustained by individuals as a result of errors and wrongdoing committed by the commission, and for number of reasons Article 11 of the Civil Liability Act lies outside of the subject of this research. In the next step, the government may claim compensation from members present in the commission who committed intentional misconduct or error. Stabilishment and adoption of such an approach can serve to make the members of the commission more cautious in examination or ratification of minutes and would prevent the occurrence of possible errors or misconducts.

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APA: Copy

Khubyari, Hamed, & keshavarzi, Shima. (2021). Civil Liability of Detailed Plan Commission for Damages Caused by the Implementation of its decrees. QUARTERLY OF LEGAL ENCYCLOPEDIAS, 4(12 ), 48-68. SID. https://sid.ir/paper/413659/en

Vancouver: Copy

Khubyari Hamed, keshavarzi Shima. Civil Liability of Detailed Plan Commission for Damages Caused by the Implementation of its decrees. QUARTERLY OF LEGAL ENCYCLOPEDIAS[Internet]. 2021;4(12 ):48-68. Available from: https://sid.ir/paper/413659/en

IEEE: Copy

Hamed Khubyari, and Shima keshavarzi, “Civil Liability of Detailed Plan Commission for Damages Caused by the Implementation of its decrees,” QUARTERLY OF LEGAL ENCYCLOPEDIAS, vol. 4, no. 12 , pp. 48–68, 2021, [Online]. Available: https://sid.ir/paper/413659/en

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