The Civil Responsibility of Judges in Imami Jurisprudence and Iran’s Law in comparison with the French Legal System

Subject Areas :

Ali Poorzarin ¹ , Mehdi Fallah Khariki ² , Javad Niknejad ³

1 - PhD student in private law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran.
2 - Assistant Professor, Department of Private Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran.
3 - Assistant Professor, Department of Private Law, West Tehran Branch, Islamic Azad University, Tehran, Iran

Received: 2024-04-15 Accepted : 2024-10-23 Published : 2025-04-07

Keywords: negligence of judges, civil liability of judges, principles of civil liability of judges, basics of civil liability of judges.,

Abstract :

Everyone is equal before the law and judges are also responsible for the illegal use of their authorities. Due to the necessity of implementing important supervisory principles, intentional and inadvertent misconduct of judges are dealt with in the competent authority. This research by analytical-descriptive method tries to study the elements of civil responsibility of judges in Islamic jurisprudence and law. In Islamic rules, it is recommended to control the vast authorities by strong supervision and according to the important principle of La Zarar, no one in any status is not a to harm another. From a legal point of view, after the judge's malpractice has been confirmed by the Judges' Disciplinary Court, it is absolutely necessary to eliminate the causes of it and possibly deal with the relevant perpetrator. Article 171 of the Constitution and Article 30 of the Law on Supervision of the Judges' Conduct approved in 1390 were drafted in line with this and determines that in case the judge's negligence or guilt is proven in the High Disciplinary Court of Judges, the injured persons can refer to the special branch that has been determined in Tehran and to claim their rights by commencing an appropriate action