The Proof Of Civil Liability Of The Government Concerning Court Judicial Decisions By Criticizing And Analyzing The Arguments Of The Proponents And Opponents

Abstract

In Iran, like many other countries, the civil responsibility of the state and the national institutions is an accepted principle, and the possibility of the petitioning of the people from the government, particularly from judges and the judiciary is expressly stipulated in Articles 171 and 173 of the Constitution, and Article 167 of the Constitution, also in the last clause of Article 11 of Civil responsibility Law and Articles 255 to 260 of the Penal Procedure Code. Therefore, the civil responsibility of a state in judicial decisions is a requirement of the state to compensate a person who has suffered damage as a result of the wrongful act of wrongdoing or the error and mistake of the judiciary or its employees are attributable to the government or the government's illegal act Or the government's duty to pay damages as prescribed by law, so taking such responsibility for the state is a logical consequence of the rule of law and justice. In this paper, we are to describe the civil responsibility of the state using the descriptive method of the survey and comparative and sometimes descriptive methods of causal comparison with legal arguments against the losses caused by judicial decisions.