The Role of Reluctance Principle in Civil Government Responsibility
Document Type : Original Article
Authors
1 دانشیار گروه الهیات، دانشگاه فرهنگیان خراسان رضوی، خراسان رضوی، ایران
2 Graduated By PhD Degree from Theology Facolty, Yasuj University, Yasuj, Iran
Abstract
Reluctance is one of the most important jurisprudential legal rules regarding the civil liability of the state, whose role in proving and rejecting civil liability has been underestimated. According to this rule, the guarantee is transferred from bank to bank, and in fact denies the bank guarantee and proves the bank guarantee. Now, regarding the civil responsibility of the state, this rule can be examined in various ways, in this study, in four ways: the reluctance of the Imam, the reluctant ruler, the reluctant officer, and the police. One of the results of this study is that if a government official is in Makkara, in addition to being inaccurate, he should pay attention to the criterion of rendering the loss unnecessary; In the event that an officer of the non-state reluctant to act is permitted to do so, in the event that he has acted in his jurisdiction, the government shall be liable for damages, and if he has acted outside his jurisdiction, the agent of the guarantor shall That is, without the government being responsible for that.
Keywords
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Volume 8, Issue 1 - Serial Number 15
March 2020Pages 67-90
- Receive Date: 25 May 2019
- Revise Date: 28 November 2019
- Accept Date: 05 January 2020