Civil liability of governmental, educational institutions arising from the loss of opportunity

Subject Areas : Educational management

alehealsadat ghanriz ¹ , Hossein mehrpoor ² , Abbas karimi ³

1 - Private Law, Law, Islamic Azad University, UAE Branch, UAE, Dubai
2 - Law, Shahid Beheshti University, Tehran, Iran
3 - Law, University of Tehran, Tehran, Iran

Received: 2020-11-23 Accepted : 2020-12-26 Published : 2021-05-22

Keywords: Loss of Opportunity, Civil Liability, Citizen, Educational Management, Public Education,

Abstract :

AbstractThe issue of loss of opportunity and the possibility or impossibility of damages resulting from is crucial civil liability issues. However, there is still no specific text or judicial procedure in Iranian law. When the loss of opportunity arises from government subsidiaries' performance, this legal vacuum manifests more clearly. The concept of subordinate responsibility of the government is a way to fill this legal gap. At first glance, however, there is a conflict between the institutional principle of personal responsibility and the subordinate responsibility of the state. But the formulation of two distinct arguments is capable of resolving this conflict; Those arguments are mainly ascertained on intrinsic duties and mechanisms at the government's disposal. The subordinate responsibility of the government is founded on national and international rules and regulations. Also, in the Islamic legal system, the subordinate responsibility of the ruler is considered and emphasized. Derived from Article 30 of the Constitution of the Islamic Republic, the provision of effective and efficient educational management should be deemed as a part of government governance duties, i.e., Providing a coherent set of knowledge derived from the application of scientific methods to characterize and explain organizational elements and relations between them in educational organizations. If the citizens have lost the opportunity and the resulting losses due to the inefficiency of the academic management of government institutions, the government has civil liability for those cases, as in other similar cases. Keywords: Loss of Opportunity, Civil Liability, Subordinate Liability, Citizen, Educational Management, Public Education