Civil liability without the fault of the government in natural disasters

Document Type : Original Article

Authors

Department of Law, Payam Noor University, Tehran, Iran

10.22034/scart.2024.140550.1447

Abstract

The traditional theories of civil responsibility are not able to cover the damage caused by them, considering that the government has no role in causing natural disasters and the harmful act is missing. The fluid nature of civil liability law and inspired by the theoretical ideas of public law, such as the theory of the welfare state and the theory Social solidarity, and jurisprudence and legal precedents of civil responsibility without the fault of the government, in order to respect the life and property of citizens, and with the involvement of the successful insurance industry and the establishment of the universal insurance fund for natural disasters with the participation of the government and the people, it is possible to civil liability without the fault of the government in disasters. considered natural. The government, which holds public power on behalf of the people and has made public service its goal, cannot be indifferent to the huge amount of damage caused by natural disasters. Damage compensation in this responsibility depends on the economic conditions and public budget of the government and people's participation and the financial resources of the natural disaster insurance fund, and for this reason, the restorative system governs it, not the full compensation system.

Keywords

Main Subjects

Sociology of Culture and Art

Articles in Press, Accepted Manuscript
Available Online from 14 February 2024

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History

  • Receive Date: 19 January 2024
  • Revise Date: 12 February 2024
  • Accept Date: 14 February 2024

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