Modern Jurisprudence and Law

Modern Jurisprudence and Law

Distinguishing the government's civil responsibility for the acts of tenure with the acts of sovereignty

Document Type : Original Article

Authors
1 Master's student in Private Law, Payam Noor University, Parand Center
2 Payam Noor University Parand Branch
10.22034/jml.2024.2003362.1273
Abstract
According to the scholars of administrative law, the government as a legal entity is the source of two types of acts, which are interpreted as acts of governance and acts of tenure. The difference between the exercise of sovereignty and tenure is that the exercise of sovereignty and the resulting losses will not result in responsibility, and also in terms of the jurisdiction of the authority handling government claims in some countries, it has been a competent authority apart from the authority of tenure. Dividing government actions into governance actions and tenure actions has had a significant impact on Iran's legal system, especially in the field of administrative law. According to the historical and political reasons, the development of the theory of the division of government actions into sovereignty and occupation was in France, the most important and major result of this separation was the justification of the civil responsibility of the government and the separation of appropriate judicial and administrative authorities to deal with government actions that The non-governmental actions that were introduced in the administrative law of Iran by quoting from the law of France, in recent years, the aforementioned theory has been abandoned to the extent of attention in France and is practically not cited, but in Iran's legal system, especially in the context of Civil liability of the government is still used and can be invoked.
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Articles in Press, Accepted Manuscript
Available Online from 30 September 2024