Document Type : Article
Authors
1 Ph.D. Student, Department of Private Law, Faculty of Humanities, Shiraz Branch, Islamic Azad University, Shiraz, Iran
2 Assistant Professor, Department of Private Law, Faculty of Humanities, Shiraz Branch, Islamic Azad University, Shiraz, Iran
3 Associate Professor, Department of Public Law, Faculty of Humanities, Shiraz Branch, Islamic Azad University, Shiraz, Iran
Abstract
According to various principles of the constitution, the government is obligated to create employment opportunities for individuals in society. However, sometimes, as a result of government activities and its intervention in economic and social matters, unemployment rises. In such cases, the issue of the government's civil liability and compensation for damages arises. This research seeks to answer the question of what challenges an individual faces when filing a civil liability claim against the government (the executive branch) and seeking compensation due to involuntary unemployment? The aim of examining these obstacles is to facilitate the process of such claims for the affected individuals. Therefore, using a descriptive-analytical method, the mentioned obstacles will first be identified and analyzed, and then solutions will be provided to address them. It appears that the acceptance of the theory of fault in Article 11 of the Civil Liability Law, the distinction between administrative and personal errors, as well as the separation of sovereign acts from administrative acts and the ambiguous and complex litigation process are major problems that exist when filing such claims.
Keywords
Main Subjects
English
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