Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 869-889 |
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Omidi M, Jafari M H, Bakhtjoo R. The Civil Responsibility of the Government Due to the Lack of Warning and Prevention of Forced Accidents with Emphasis on Judicial Procedure. MLJ 2022; 16 :869-889
URL: http://ijmedicallaw.ir/article-1-1784-en.html
URL: http://ijmedicallaw.ir/article-1-1784-en.html
1- Department of Law, Faculty of Humanities, Yazd Branch, Islamic Azad university, Yazd, Iran.
2- Department of Law, Faculty of Humanities, Taft Branch, Islamic Azad university, Taft, Iran.
2- Department of Law, Faculty of Humanities, Taft Branch, Islamic Azad university, Taft, Iran.
Abstract:
Background and Aim: Forced accidents and natural disasters take the lives of thousands of people in the world every year and impose heavy costs and financial losses on people, especially in underdeveloped countries. The government, as a sovereign over the people, in order to fulfill its legal duties and obligations and provide services to the citizens, has duties and obligations regarding the notification of natural hazards and their prevention. This article examines the civil responsibility of the government in the assumption that the government does not fulfill its legal obligations, including not announcing the necessary warnings and abandoning preventive measures against forced incidents in the light of judicial procedure.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the methods and tools of information collection were done in a library and by referring to documents, books and articles and judicial opinions of the courts.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: The most important findings of this research is that the first step in compensating the victims of forced accidents is the adoption of appropriate laws and regulations and the legal requirement of the government and public institutions, in order to warn and prevent accidents and natural disasters before the occurrence of losses and prevent material and moral damage; Second, in the event of a harmful accident, it is possible to effectively compensate for the losses through the guarantee of appropriate executions in an easy and fast manner; Thirdly, the government is responsible for not warning and preventing violent incidents.
Conclusion: It will be proven that the failure of the government to predict and prevent and not to take preventive measures in forced accidents, while increasing the range of life and financial losses for citizens, will cause the civil responsibility of the government to be fully established based on legal theories and rules. It is also clear that the internal laws and regulations and the judicial procedure in our country for this type of responsibility are not yet complete and the more the prevention and preventive aspect of the government's civil responsibility is emphasized, the occurrence of damage caused by natural accidents will be minimized.
Please cite this article as:
Omidi M, Jafari MH, Bakhtjoo R. The Civil Responsibility of the Government Due to the Lack of Warning and Prevention of Forced Accidents with Emphasis on Judicial Procedure. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e54.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the methods and tools of information collection were done in a library and by referring to documents, books and articles and judicial opinions of the courts.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: The most important findings of this research is that the first step in compensating the victims of forced accidents is the adoption of appropriate laws and regulations and the legal requirement of the government and public institutions, in order to warn and prevent accidents and natural disasters before the occurrence of losses and prevent material and moral damage; Second, in the event of a harmful accident, it is possible to effectively compensate for the losses through the guarantee of appropriate executions in an easy and fast manner; Thirdly, the government is responsible for not warning and preventing violent incidents.
Conclusion: It will be proven that the failure of the government to predict and prevent and not to take preventive measures in forced accidents, while increasing the range of life and financial losses for citizens, will cause the civil responsibility of the government to be fully established based on legal theories and rules. It is also clear that the internal laws and regulations and the judicial procedure in our country for this type of responsibility are not yet complete and the more the prevention and preventive aspect of the government's civil responsibility is emphasized, the occurrence of damage caused by natural accidents will be minimized.
Please cite this article as:
Omidi M, Jafari MH, Bakhtjoo R. The Civil Responsibility of the Government Due to the Lack of Warning and Prevention of Forced Accidents with Emphasis on Judicial Procedure. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e54.
Keywords: Government's Responsibility, Loss Prediction Criteria, Loss Prevention Criteria, Government's Responsibility in Judicial Procedure, Prevention of Forced Accidents
Type of Study: Original Article |
Received: 2023/10/7 | Accepted: 2024/02/26
Received: 2023/10/7 | Accepted: 2024/02/26
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