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

Document Type : Original Article

Authors

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

10.22034/ijrj.2019.546200

Abstract

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.

Keywords


Ameli, H. Man Layahzar Alfaghih. Qom: Eslamiyeh Press
Ashouri, M. (2009). Criminal justice. Tehran: Mizan Press
Feyzoleslam, A. N. ( No date). Translation and description of Nahjulbalaghah. Beirut: Daroleslam Press
Helli, A. (2000). Tahrirol Ahkam. Qom: Imam Sadiq Institute.
Helli, A. (1997). Qavaedol Ahkam. Qom: Imam Sadiq Institute.
Hossingholinezhad, H. (2010). Civil liability. Tehran: Majd Press
Katoozian, N. (1999). Civil liability (2nd ed.). Tehran: Tehran University Press
Kristen, S. (No date). General penal law. Tehran: Tehran Publication
Mohaghegh Damad, M. (2016). Jurisprudence rules of civil section. Tehran: Majd P
Mohaqeq Sani, M. (1993). Jameol Maqased. Qom: Aal Bayt Institute.
Najafi, H. (1987). Javherol Kalam (2nd ed.). Tehran: Majd Publication.
Nouri, A. (1988). Mostdrak Alvasael va Mostanbat Alvasael, Riyadh: Masael Press
Treitel, G. H. (1991). The law of contract. London: Sweet and Maxwell
Tunc, A. (1983). International encyclopedia of comparative law. London: Martinus Publishers