Ways of Indemnification of Losses Caused by Legal Actions of Authorities

Document Type : Research Paper

Authors

1 Associate Professor, Faculty of Law and Political Sciences, University of Tehran

2 M. A. in Private Law (Faculty of Law, University of Qum).

Abstract

Despite observation of regulations and precaution
byauthorities and agents, sometimes other people incur a
loss because of execution of legal order of senior
authorities. This problem is separately discussed because
that loss is caused by the order of senior authorities and
the harmed person has no role in its occurrence. Also, that
loss is peculiar to civil responsibility of the one in
authority and is absent in other responsibilities such as
those of doctors, producers of goods, and the like. In the
latter, loss is caused by doctor’s and producer’s fault while
loss in the former is caused neither by authorities’ nor the
harmed person’s fault. The major problem, then, is how
the government is supposed to approach this problem.
Study of traditional rules of civil responsibility gives no
general theory concerning indemnification of undo losses;
hence, to bridge that gap, establishment of “Guaranteed
fund of indemnification of losses of those who are harmed
by terrorist activities, and crimes and accidents whose
agent is unknown or taking compensation from the agent
is impossible anyway” is proposed.

Keywords

Jurisprudence the Essentials of the Islamic Law
Volume 46, Issue 1 - Serial Number 1
Spring & Summer
April 2013
Pages 1-27

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