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 several principles of the constitutional law, the government is obliged to provide employment opportunities for people. Sometimes, as the result of the extensive activities of the government and its increasing involvement in economic and social affairs, the  unemployment increases. It is in such cases that  the tort liability of the government and compensation by it is raised. In the upcoming article, we seek to answer the question that if a person faces unemployment for involuntary reasons, what challenges does he face in filing the tort liability lawsuit against the government (executive authority) and compensation the damages ? The purpose of investigating these obstacles is to identify them and provide solutions to solve these challenges, to pave the way for filing such lawsuits for the victims. Therefore, by the descriptive-analytical method, the aforementioned obstacles will be identified and analyzed first, and then solutions will be provided to solve them. It seems that the acceptance of the theory of fault in Article 11 of the tort liability law and the separation of administrative fault from personal as well as the separation of governance from tenure and ambiguous and complex proceedings are among the major problems that exist for filing such claims.

Keywords

Main Subjects

  1. English

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    1. فرانسوی
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