Critical Analysis on How to Prove the Elements of the civil liability of the administration in the Framework of the article 10 of the Administrative Justice Court Act

Document Type : Research Paper

Authors

1 Assistant Professor in Public Law, Bu–Ali Sina University, Hamedan, Iran

2 Assistant Professor in Public Law, University of Judicial Sciences and Administrative Services, Tehran, Iran

Abstract

Within the framework of the theory of liability based on fault, elements such as as harmful acts and damage take priority. Court judges to obtain damages are inevitable, independently and separately, to examining and verifying each of these components; Somehow that the deficiency in each of them leads to a refusal to take civil responsibility. From the perspective of public Law, the paper Understanding such a concern, from a pathological point of view is seeking legal analysis on How to prove the civil liability of the administration. Therefore, the topic by using descriptive-analytic research method is discussed and concluded: though it is corrected the note 1 of the article 10 of the Act on the Establishment and Procedure of the Administrative Justice Court and apparently, the legislator sought to refer the matter to the courts of judiciary; But it must be said, firstly the Administrative Justice Court has the jurisdiction to deal with two pillars: “the harmful act” and the fault”, still within the framework of the "theory of liability based on fault". Secondly, arguments related to: "non-legal" and "non-contradiction" on Administrative Justice court is a serious objection.  Thus, It is appropriate that “the civil liability of the administration” be within the jurisdiction of “the Administrative Justice Court”.
 

Keywords

Main Subjects

References

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List of Documents

Judicial Votes:

  1. Juristic Unification Vote of The General Board of the Supreme Court, No. 47- 1985/01/07. (In Persian)

  2. Juristic Unification Vote of The General Board of the Supreme Court, No. 544- 1991/02/19. (In Persian)

  3. Juristic Unification Vote of The General Board of the Supreme Court, No. 33- 1996/05/18. (In Persian)

  4. Juristic Unification Vote of The General Board of the Supreme Court, No. 138- 2000/07/02. (In Persian)

  5. Juristic Unification Vote of The General Board of the Supreme Court, No. 249- 2000/11/19. (In Persian)

  6. Juristic Unification Vote of The General Board of the Supreme Court, No. 93- 2001/06/17. (In Persian)

  7. Juristic Unification Vote of The General Board of the Supreme Court, No. 199- 2008/06/15. (In Persian)

  8. Juristic Unification Vote of The General Board of the Supreme Court, No. 1427- 2008/02/24. (In Persian)

  9. Juristic Unification Vote of The General Board of the Supreme Court, No. 747- 2016/01/19. (In Persian)

  10. The Vote of 30 branch of the Administrative Justice Court, No.920997090300- 2013/07/31. (In Persian)

  11. The Advisory Opinion of the Legal Department and drafting Acts of the Judiciary, No. 4313/7 – 1986/10/28. (In Persian)

 

Codes and Regulations:

 

  1. Civil Code, 1928. (In Persian)
  2. Criminal Procedure Code, 2013. (In Persian)
  3. The Islamic Penal Code, 2013. (In Persian)

  4. The Act on the Administrative Justice Court, 2006. (In Persian)

  5. The Act on the organization and procedure of the Administrative Justice Court, 2013. (In Persian)
  6. The Bylaw on the Board of General Meetings and Specialized delegations of the Administrative Justice Court, Presidency of the Judiciary, No. 100/66880/9000- 2015/01/15. (In Persian)

 

 

 

 

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