The role of the rule of loss in proving civil responsibility of the state

Subject Areas : فقه و مبانی حقوق

mohammad daneshnahad ¹ , abolfazl alishahi ²

1 - yasouj
2 - yasouj

Received: 2019-03-17 Accepted : 2018-10-08 Published : 2018-09-23

Keywords: " Warranty ", &quot, , " Waste ", " Civil liability", Government",

Abstract :

The "wasting" rule is one of the basic rules of civil responsibility in the state, which in some circumstances is the guarantor of the state, and in some other cases the state is not responsible and the person concerned, whether it is a state official or other persons who have worked in the realization of the concept of source wasting, Guarantors. In this research, based on jurisprudential issues and considering the role of this rule in the laws, the position of the principle of loss in the civil responsibility of the state has been addressed, such as the loss of state property, the wasting of the property of the people, the loss caused by non-enforcement of law, the resulting loss The implementation of the false rules and losses caused by the commission in the government guarantee has been investigated and criticized. One of the results of the research is that if a government official misidentified the government, he will be the guarantor of compensation, and if the loss is not the same, the state will be the guarantor of the compensation; if the municipal officials, with the permission and observance of the points Safety, loss, will not be guarantor; otherwise, the guarantor will incur damages; in the implementation of false rules, if the implementers of these policies are aware of its detriment, should partly compensate for the damage, and the other part by the government, As one of the factors causing damage,