The Necessity of Extending Civil Liability of State in Existing Laws

The need to compensate for the losses caused by government and state employees to natural or legal persons, under the title of civil liability of state, is a prominent example of the accountability of the state in its general sense, which is typically the equivalent of the term regime. Although the history of the definition of civil liability of state in Iran is not as long as other countries, its roots -although indistinctlycan be traced in the laws of The Persia Constitution of 1906. This has continued in the ordinary law, and especially after the formation of the Islamic Republic of Iran, has had a significant expansion, particularly, in the Islamic Penal Code of 1392 and in the same year's ruling. The purpose of this article is to emphasize the necessity of the expansion and completion of the principles and materials related to the civil liability of state in various laws and the codification of comprehensive civil liability law in the territory of the state and public institutions, with reference to the reflection of such a liability in the laws of some countries. Consequently, the report of the growth of what was mentioned is obtained in the laws of Iran and then, in pursuit of this objective, several proposals have been made in generalizing the civil liability of state in the Constitution of the Islamic Republic of Iran as well as the ordinary laws, such as the inclusiveness of deliberate assumption.