Feasibility of applying risk theory as the basis of civil responsibility of the government in Iranian law

Civil liability is one of the basic issues in private law, and based on it, in relationships between individuals, anyone who causes harm to another will be obliged to compensate for the loss. For many years, the idea of the sanctity of the state had prevented the issue of civil responsibility for the government, but with the passage of time and the entry of the government into the field of economic and commercial activities, the idea of the sanctity of the state gradually lost its color, and jurists began to discuss the necessity of accepting They paid the civil responsibility of the government. The civil responsibility of the government has different bases, which include: the theory of fault, the theory of risk, the theory of safety obligation, etc. of course, it has a concept close to the rule of "Man Leh Al-Ghanm Faleh Al-Ghoram" among the foundations of jurisprudence. Studying Iran's civil liability law approved in 1339, the basis of civil liability is based on the theory of fault, but due to some risky actions of the government, in many cases, the theory of risk can be accepted as the basis of the civil liability of the government. Of course, with the emergence of new theories about the foundations of civil responsibility of the government, traditional theories have been criticized. The research method in this study is descriptive-analytical, and the library method was used to collect the sources.