نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد، گروه حقوق عمومی و بین الملل، دانشکده حقوق، دانشگاه قم، قم، ایران
2 دانشیار، گروه حقوق خصوصی، دانشکده حقوق، دانشگاه قم، قم ، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Feasibility of Claiming damages based on violation of the principle of legitimate expectations.Legitimate expectations are the benefits and claims that have been formed for individuals and citizens over many years. A sudden change in the status of these interests, especially by public authorities, can lead to damages to individuals and ultimately civil liability. In some legal systems and some procedures, this responsibility has been identified with conditions. In this article, an attempt has been made to explain the formation of this principle in the literature of administrative and contractual law and its extension to other fields, and then to identify the civil liability caused by the damages of violation of this principle. The basic question is, how can violation of the principle of legitimate expectations lead to damages to individuals, and what is the procedure of administrative and judicial courts in this regard? The basic assumption of this article in response to the main question is that despite the recognition of this principle in the administrative and judicial procedure, it will be established in some civil liability situtions and this has been emphasized and recognized in the procedure.
Key words
Legitimate expectations, expectation damages interests, claims, administrative authorities, civil liability of the government.
کلیدواژهها [English]
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