Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Civil Liability Due to Negligence and Fault of Municipal Managers with Emphasis on Jurisprudence

Document Type : research

Author
Master of Private Law, Science and Research Unit, Islamic Azad University, Tehran, Iran
10.22034/ejs.2024.432011.1643
Abstract
Background and Aims: Civil liability is the need to compensate for the damage that individual causes  to others through non contractual obligations.The obligation that a person has to compensate for the damaged caused to other regardless of whether the damage causes  was a result of personal actions or related person includes a liability .In the course of his  responsibilities, municipal  manager has duties that can lead to damage. The purpose of present study is to discuss civil liability due to the fault of the municipal managers.
Method and Materials: The research method is descriptive_ analytical
Ethical Considerations: In present paper, the principles of text originality, trustworthiness and honesty have been observed.
Findings: The elements of civil liability of mayors are  (fault,existence of loss commiting  harmful act and causation relationship). The mayor can be held responsible for the damage if his fault cause the loss. The damage caused by the manager can be personal negligence of the mayor. Additionally, the loss can be due to the weakness of law. Therefore, in the case of   lack of fault by managers, the government will be liable.
Conclusion: If the manager commits a fault in the administrative affairs,the government is obliged to compensate the damage ,but if the administrative performance of manager is not due to duty, it is considered personal negligence and is guaranteed.
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