The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Government civil liabi lity in natural disaster;Looking at the Formation of Iran’s National Disaster Manegment organization

Document Type : Original Article

Authors
somaye Ehsani korsikola 1
Saam Mohammadi 2
Hamid Abhary 1
1 Mazandaran university
2 Mazandaran University
10.22034/mral.2022.534547.1218
Abstract
The principle that loss must be compensated by the one who imposed it, is agreed upon in almost every legal system. The crisis management organization (CMO) establishment act forces the government to compensate the losses due to the natural disasters (as an instance for crisis) against the people affected. However, all damages due to natural disasters are not caused by government performance and thus it could not be assumed as civil liability in the exact sense of the word. It is rather a legal enforcement in order to perform its role in the response and recovery stages of the crisis management process, based on which the government is responsible to prepare the minimum requirements needed for improving the quality of lives of the affected community. In case that the government fails in performing its role in any of the four-staged crisis management process, which results in any damages or loss for the people in the affected community, and if this is due to any shortage in the facilities or equipment provided, it is the government that is responsible for compensating the loss.

Highlights

Government civil liability in natural disaster;Looking at the Formation of Iran’s National Disaster Manegment organization

Abstract

The principle that loss must be compensated by the one who imposed it, is agreed upon in almost every legal system. The crisis management organization (CMO) establishment act forces the government to compensate the losses due to the natural disasters (as an instance for crisis) against the people affected. However, all damages due to natural disasters are not caused by government performance and thus it could not be assumed as civil liability in the exact sense of the word. It is rather a legal enforcement in order to perform its role in the response and recovery stages of the crisis management process, based on which the government is responsible to prepare the minimum requirements needed for improving the quality of lives of the affected community. In case that the government fails in performing its role in any of the four-staged crisis management process, which results in any damages or loss for the people in the affected community, and if this is due to any shortage in the facilities or equipment provided, it is the government that is responsible for compensating the loss.

Keywords: Civil liability, government, natural disaster, employee, loss compensation

 

 

Keywords
Civil liability
government
natural disaster
employee
loss compensation
Subjects
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The Journal of Modern Research on Administrative Law
Volume 4, Issue 12
Fourth year, 12th issue, ّFall 2022
Autumn 2022
Pages 227-250

  • Receive Date 18 November 2021
  • Revise Date 24 December 2021
  • Accept Date 14 January 2022