Civil liability of governmental, educational institutions arising from the loss of opportunity
The issue of loss of opportunity and the possibility or impossibility of damages resulting from is crucial civil liability issues. However, there is still no specific text or judicial procedure in Iranian law. When the loss of opportunity arises from government subsidiaries' performance, this legal vacuum manifests more clearly. The concept of subordinate responsibility of the government is a way to fill this legal gap. At first glance, however, there is a conflict between the institutional principle of personal responsibility and the subordinate responsibility of the state. But the formulation of two distinct arguments is capable of resolving this conflict; Those arguments are mainly ascertained on intrinsic duties and mechanisms at the government's disposal. The subordinate responsibility of the government is founded on national and international rules and regulations. Also, in the Islamic legal system, the subordinate responsibility of the ruler is considered and emphasized. Derived from Article 30 of the Constitution of the Islamic Republic, the provision of effective and efficient educational management should be deemed as a part of government governance duties, i.e., Providing a coherent set of knowledge derived from the application of scientific methods to characterize and explain organizational elements and relations between them in educational organizations. If the citizens have lost the opportunity and the resulting losses due to the inefficiency of the academic management of government institutions, the government has civil liability for those cases, as in other similar cases.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.