Jurisprudential-legal delay in the civil responsibility of the government in social unrest and riots

Articles in Press

Document Type : Original Article

Authors

1 Doctoral student of private law, Faculty of Theology and Islamic Studies, Meybod University, Meybod, Iran.

2 Associate Professor, Department of Jurisprudence and Law, Yasuj University, Yasuj

3 Associate Professor, Department of Fiqh and Islamic Law, Faculty of Theology and Islamic Studies, Meybod University, Meybod, Iran.

10.22034/mral.2023.2006288.1489

Abstract

Nowadays, riots are one of the spreading events that cause huge damages to people's lives and property. Relatively permanent phenomena - but constantly changing face in the present era - whose spread is a warning for societies. Although dealing with riots and the resulting loss of life has been discussed in the criminal laws of countries including Iran, and the resulting financial losses have almost opened their place among civil liability issues, but this question shows which person Or are there persons responsible for compensating the damages and in what ways should such damages be compensated? The upcoming search has determined the responsibility and the quality of compensation for such damages with the support of the rich jurisprudence system, certain legal principles and reflecting on the laws of European countries. The concept of proving the government's civil responsibility or securing damages through special institutions such as insurance - which is often under the control of the government - is supported by jurisprudence and legal justifications. The claim of this theory is present in some of the traditional foundations of civil responsibility, and in most of the other parts, it is necessary to present a new approach that can be justified with a new look at the jurisprudential and legal dimensions of the government's responsibility.

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The Journal of Modern Research on Administrative Law

Articles in Press, Accepted Manuscript
Available Online from 12 August 2023

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History

  • Receive Date: 15 July 2023
  • Revise Date: 03 August 2023
  • Accept Date: 12 August 2023

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