Steps in the design of government’s civil liability arising from Personal Act and Act of Other and Act of Objects in Iranian and Frach Law

Abstract

In the old law, the government had no civil liability and gradually through legal regimes mentioned this responsibility. In Iranian law, civil liability of government is proposed apparently in Article 11 of the law of civil liability that was adapted from old theory of the 19th century in French. However, the analysis of aforementioned article shows that the government's civil liability simply is not acceptable. Whereas, today in the law of France and other countries, government's civil liability has been proposed as a principle. And not only personal responsibility, but the responsibility resulting from act of other and liability of act of objects has been accepted for states. Government’s liability for the acts of the legislative and the judiciary has been proposed. In Iranian law, in the current status, the principle of separation of powers, design acceptance of government’s liability for the acts of others have faced some difficulties. On the other hand, a bill was introduced in this context; if approved, that would somehow resolve the defects of Iranian law, but if the bill was ignored, that will be examined in this paper.