نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه حقوق، دانشکده حقوق و علوم سیاسی، دانشگاه مفید قم، قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The jurisprudential foundations of the state's liability for uncompensated damages to citizens with an emphasis on the rule of "zeman haghe elmoslem" Regarding the liability of the government, the idea has been raised that if damage is caused to a citizen and is not compensated for in some way by the person who caused the damage, the government is responsible for compensating for it. The government has a kind of subordinate responsibility, due to its duties (maintaining peace, order, and security) and having public resources and budget at its disposalAnd the government must assume the responsibility to provide support and compensate for such damages if a citizen who has suffered damage cannot properly receive compensation for the damages he or she has suffered due to reasons such as failure to identify the cause of the damage, his or her escape, death, or lack of financial means. The studies conducted in this article show that in our jurisprudence, there are numerous and acceptable documents for thought; especially the jurisprudential rule of guaranteeing the Muslim right, the normative nature of which is examined in this article, as well as some narrations that can be presented as the basis for the theory of the state's vicarious liability in this regard.
کلیدواژهها [English]
)