Despite the conditions and strict regulations governing verdicts issued by judges, there is the possibility of mistakes, misunderstanding and errors from them and subsequently causing damages to the parties. The personal responsibility of judges has been expressed in pr
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Despite the conditions and strict regulations governing verdicts issued by judges, there is the possibility of mistakes, misunderstanding and errors from them and subsequently causing damages to the parties. The personal responsibility of judges has been expressed in principle 171 of Iranian Constitution and in other laws such as Article 58 of the Islamic penal code. If the judge, who caused damages by its wrong judgment, is at fault, he has the personal responsibility for damages, and recovery for damages against him can be claimed through the disciplinary court of Judges. But if there is no fault on behalf of the judge, the responsibility for damages is on the government. This article is mainly concerns with base and origin of the responsibility of judges in case of erroneous judgments in Quran and tradition. Furthermore the various types of damages arisen from a mistaken judgment and the legal procedure for recovery of damages shall be studied.
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