Public Law Studies Quarterly

The Legal Responsibility of Municipalities Towards Third Parties in ‎Assignment Contracts with Emphasis on Judicial Practice

Document Type : Article

Authors

Hamid Nikoray 1
Ali Hajipour Kondroud 2

1 Ph.D. Student in Public Law. Faculty of Law.Tabriz Branch, Islamic Azad University, Tabriz, Iran

2 Assistant Prof. Departmant of Law. Urmia Branch,Islamic Azad University. Urmia. Iran

https://doi.org/10.22059/jplsq.2023.354893.3264
Abstract
In Iranian law, the civil liability of municipalities, like other legal entities, is examined under the title of liability arising from the actions of others. The municipality is responsible for fulfilling its legal duties at the city level, and delegating these operations to contracting companies does not relieve the municipality of its responsibility towards citizens. Compensation for damages in civil liability is based on various theories, and the most important element of civil liability is the existence of harm resulting from a harmful act, such that a causal relationship exists between the two. Despite municipalities outsourcing their services to contractors and fulfilling their inherent duties through them, they are often liable for damages caused to third parties in service assignment contracts. The findings of this research regarding Iranian judicial practice also support the existence of inherent liability of municipalities for damages inflicted on third parties; however, there are also rulings indicating the non-liability of municipalities or joint liability for damages by both the municipality and the contractor. Nonetheless, the prevailing view considers municipalities responsible for compensating all damages incurred by citizens in the performance of their legal duties and obligations.

Keywords

contract
judicial ‎procedure
municipal ‎responsibility
third ‎parties.‎
Subjects

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Public Law Studies Quarterly
Volume 55, Issue 1 - Serial Number 41
Spring 2025
Spring 2025
Pages 647-670

  • Receive Date 12 February 2023
  • Revise Date 16 July 2023
  • Accept Date 10 September 2023

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