Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 500-517 |
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Sadeghi E, Ostvar Sangari K, Shojaeeian K, Farrokhi Z. Pathology of the Government's Civil Liability System in Law Regulation in Medical Parts Caused by Regulating. MLJ 2025; 19 (60) :500-517
URL: http://ijmedicallaw.ir/article-1-1907-en.html
URL: http://ijmedicallaw.ir/article-1-1907-en.html
1- Department of Public Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran.
Abstract:
Background and Aim: According to the powers and authorities delegated to them by the legislator, government agencies have the right to enact laws and regulations within the framework of these powers and authorities. However, these laws and regulations may cause damages to the rights of individuals, whether natural or legal entities. In this, it is assumed that the civil responsibility of the government is raised due to the regulation. According to Article 11 of the Civil Liability Law 1339 and Article 8 of the Civil Service Management Law 1386, in which governance affairs are defined, in case of damage caused by the actions of the government that were necessary to provide social benefits, compensation from the government is necessary. does not have However, it seems that Iran's administrative and judicial procedure does not have an approach aligned with this point of view and therefore, although according to the evolution of the government's civil responsibility, the principle of the government's civil responsibility comes from regulation, but in Iran's legal system, this The principle is not fully accepted. Secondly, taking into account the law of organization and procedure of the Administrative Court of Justice approved in 2012, in cases where the claim of damage is caused by the implementation of government regulations, first the issue of violation must be established in the Administrative Court of Justice and then the general court determines the amount of damage.
Method: The research method in this study is descriptive-analytical. In this regard, reliable library sources, including laws and regulations in the field of state civil liability arising from rulemaking, as well as laws in the field of health and hygiene, along with articles and books in the aforementioned areas, have been utilized.
Ethical Considerations: The ethical considerations observed in this article include academic integrity, avoidance of discrimination and refraining from biased support for a particular approach without due regard to scientific discussions and contexts.
Results: The findings of this study indicate that, according to the current approach in the Iranian legal system, the principle should be civil liability based on fault in rulemaking related to health and hygiene matters, except in cases where multiple individuals suffer harm from such rulemaking. In those cases, the type of civil liability transforms into strict liability.
Conclusion: It appears that proving civil liability based on fault in rulemaking in health and hygiene matters is very difficult due to its complexity and technicality. Therefore, the Iranian legislator should establish strict liability as the principle in this regard.
Please cite this article as:
Sadeghi E, Ostvar Sangari K, Shojaeeian KH, Farrokhi Z. Pathology of the Government's Civil Liability System in Law Regulation in Medical Parts Caused by Regulating. Medical Law Journal. 2025; 19: e32.
Method: The research method in this study is descriptive-analytical. In this regard, reliable library sources, including laws and regulations in the field of state civil liability arising from rulemaking, as well as laws in the field of health and hygiene, along with articles and books in the aforementioned areas, have been utilized.
Ethical Considerations: The ethical considerations observed in this article include academic integrity, avoidance of discrimination and refraining from biased support for a particular approach without due regard to scientific discussions and contexts.
Results: The findings of this study indicate that, according to the current approach in the Iranian legal system, the principle should be civil liability based on fault in rulemaking related to health and hygiene matters, except in cases where multiple individuals suffer harm from such rulemaking. In those cases, the type of civil liability transforms into strict liability.
Conclusion: It appears that proving civil liability based on fault in rulemaking in health and hygiene matters is very difficult due to its complexity and technicality. Therefore, the Iranian legislator should establish strict liability as the principle in this regard.
Please cite this article as:
Sadeghi E, Ostvar Sangari K, Shojaeeian KH, Farrokhi Z. Pathology of the Government's Civil Liability System in Law Regulation in Medical Parts Caused by Regulating. Medical Law Journal. 2025; 19: e32.
Type of Study: Original Article |
Received: 2024/12/23 | Accepted: 2025/04/5
Received: 2024/12/23 | Accepted: 2025/04/5
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