Culmination of Law

Culmination of Law

Feasibility of claiming material and spiritual damages in lawsuits against the state

Document Type : Original Article

Authors
1 Professor of private law of the University of Mazandaran, Iran, Babolsar
2 PhD student of private law of the University of Mazandaran, Babolsar.Iran,
3 PhD student of private law of the University of Mazandaran, Babolsar, Iran,
10.22034/thdad.2022.527857.1757
Abstract
Governments are responsible for providing social resources via their hierarchies of managers and organizational structures. An increasing development in state activities can in turn increase the chances for damaging nations. Particular to this study, excessive material and spiritual damages have been imposed on Iranians due to the entry of Coronavirus into the country, the inappropriate and untimely notification of the entry by the state, and the shortage of virus detection equipment. As obviously stated in the Civil Liability Law, a fundamental principle of Jurisprudence and law involves the necessity of damage compensation by the damager. Although the available jurisprudential and legal documents do not provide any pieces of evidence regarding the irresponsibility of the state for its actions, the article 11 of the Civil Liability Law does not hold the state accountable in this regard. This study is an attempt to illustrate why the state must be held accountable for the given Coronavirus damages. The study hence draw upon the principles of No Harm, Spoilage, Causation, Al-Kharaj bi Al-Dhiman, Unlawful Possession, and Justice in order to suggest that all sorts of damages must be appropriately compensated, without taking the state as an exception.
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