CIVIL LIABILITY OF PUBLIC INSTITUTES ARISING FROM THE OPERATION OF POTENTIALLY DANGEROUS PERSONS IN IRAN AND FRENCH LAW

Abstract

Economic and cultural devastation in some families increase stray and homeless persons in the society. The people are usually either a minor criminal or mentally ill persons. The loitering and wandering in the society may result in the crimes that this situation is led to the criminalization of this phenomenon in the world. However, no policy has been adopted by the world about the damages caused by the actions of these individuals. One of the concerns of today's law is the problem of compensate for the losses arising from the operation of potentially dangerous persons in the society. This can be similar to  sick and incapacitated persons or youth offending  in the society. In some cases, natural or legal persons are responsible for the maintenance of these people that in French law by Article 1242 of the Civil law and in Iranian law by Article 7 of the Civil Liability these persons with the condition will be liable for such damages. But some of the damage occurs in the conditions that any natural or legal persons are not responsible for the maintenance of these people. The big question is whether this part of the losses of these victims will not be compensated or a legal person like the state can be considered liable for such damages. According to an opinion in French law, it can be expected that in the current situation the governments should pay compensation for such damages. This opinion is absent in Iranian law but the issue can be examined with the help of French law.