Document Type : Article
Authors
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
Abstract
In Iranian law, the civil liability of the municipality, like other legal entities, has been examined under the liability arising from the act of another. The municipality is in charge of fulfilling its legal duties at the city level, and entrusting the aforementioned operations to contractors does not relieve the responsibility of the municipality towards the citizens. Damage compensation in civil liability is based on theories, and the most important element of civil liability is the existence of loss due to a harmful act, so that there is a relationship of causation.Despite delegating their services to contractors and performing their inherent duties through them, municipalities are often responsible for compensation in case of damage to a third party in the contracts for delegating services and affairs, and the findings of this research regarding Iran's jurisprudence also support the existence of inherent responsibility of municipalities. in the damages caused to the third party; There are opinions that the municipality is irresponsible or that the municipality and the contractor jointly compensate the damage, but the prevailing practice is that the municipalities are responsible for compensating all the damages caused to the citizens in the performance of their legal duties.
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