نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The phenomenon of war, as one of the most destructive human crises, always imposes extensive financial losses on citizens. In the Iranian legal system, according to Article 11 of the Civil Liability Law, the government is exempt from compensation for damages in its sovereign actions if it complies with the laws and in order to protect social interests. However, the application of this exemption in war conditions and against damages to citizens' property faces numerous legal and jurisprudential challenges. The main issue of this research is to accurately explain the foundations, pillars, and limits of the government's civil liability for financial losses caused by war. The purpose of this research is to examine whether compensating for these losses is merely a protective duty or does the government have a specific legal obligation to compensate them? In this regard, the present study examines the issue by raising the questions of what are the jurisprudential and legal foundations of this responsibility and how the Iranian legal system has dealt with it, using a descriptive-analytical method and library resources. The findings of the study show that although defensive and warlike actions are often considered as acts of sovereignty and damages caused by enemy attacks are examples of force majeure, the absolute exemption of the state is incompatible with the principles of justice. Based on jurisprudential principles such as the rules of "no harm" and "respect for Muslim prnational crises seems necessary.
کلیدواژهها English