The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

A Scrutiny of Government Exemption from Civil Liability in Iran Legal System

Document Type : Original Article

Authors
Maryam Rostami 1
Mohammad Emami 2
Mojtaba Vaezi 3
1 Shiraz, iran
2 Professor of Law Faculty of Law and Political Science. Shiraz University, Shiraz. Iran
3 Associate Prof., Faculty of Law and Political Science ,Shiraz University, Shiraz, Iran
10.22034/mral.2021.522821.1102
Abstract
The requisite of public administration and complexities of governance result in ad hoc privileges for governments in some particular conditions. Depiction of government place in a legal system and deliberation of its liability borders eventuate in responsibility extent recognizing proportional to administration power enhancement. Based on a bilateral relation among administration and civilians the more responsible government is, the more freedom will be guaranteed. Jurists ascribe adherence of government’s civil liability rules from a specific system to balance making efforts for supporting public interest and protecting administration authorities simultaneously. However, in some cases which incurring a loss governments will not be known liable according to peculiar governance expediency. On the other hand, continuation of social life and importance of public order retaining need to government intercede on restitution. Whereas exemption zones are not numerous, we can talk about absolute exemption in some scopes of governance and limited ones in others.
Keywords
Key words: Government exemption
Government civil liability
Good governance
Subjects
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The Journal of Modern Research on Administrative Law
Volume 3, Issue 6 - Serial Number 6
Third year, Third period, Sixth issue ,Spring 2021
Spring 2021
Pages 11-34

  • Receive Date 12 January 2021
  • Revise Date 24 April 2021
  • Accept Date 20 February 2021