Fundamentals of Civil Liability of Government Financial Affairs according to Relative Jurisprudence and Law

Document Type : Original Article


1 Associate Professor, Department of Islamic Law & Principles of Jurisprudence, College of Farabi, Tehran University, Tehran, Iran

2 Ph.D. Candidate, Islamic Law & Principles of Jurisprudence, Damghan Branch, Islamic Azad University, Damghan, Iran



There are two well-known theories regarding the basis of civil liability presented by experts fault theory and risk theory. However these theories have problems preventing them from being responsive to today complicated relations. There are Hadiths and narratives in jurisprudence identifying the foundations of government civil liabilities, the most important of which is no-harm principle. In law, including constitution as well as other rules, there are principles and articles dealing with governmental civil liabilities. However, these articles recognize governmental civil liabilities merely in special cases. In the present study, first the general foundations of civil liabilities are studied; then the legal and jurisprudential principles of civil liabilities in financial affairs of the government are investigated. Finally, some considerable suggestions are presented in this regard indicating government failure in financial affairs; hence the government should take legal and official arrangements, so that no legal and real entities are harmed.


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