Obstacles and Challenges on Apply of Civil Liability of Government in Iran

The theory of civil liability of government is from the generators of democracy in the modern age which was raised in the nineteenth century and in the twentieth century, many countries were accepted. In the paper, it has been analyzed the obstacles and challenges to legal institution of government civil liability in the context of the note 1 of the article 10 of the Act on the Establishment and Procedure of the Administrative Justice Court, by using descriptive-analytical method. Briefly, the conclusion is that the main challenge is three levels: "theoretical belief in the system of the Judiciary", "legal acts" and "the weakness of the doctrine of public law in Iran about the government civil responsibility as a legal institution. As a result, citizens have to go to General courts to determine the amount of damages. This situation is a clear indication of the failure of the idea of civil liability of government.