Municipal civil liability due to non-performance of legal duties and responsibilities

The municipality, as a public non-governmental legal entity, in order to perform its legal duties and services and provide services to citizens, may cause damages that the rules and rules of establishing civil liability are shared with other natural or legal persons. But what is the subject of this article is the study of the legal basis for holding the municipality responsible for failure to perform duties and tasks (omission) that the law imposes on the municipality and the extent of its responsibility and how to compensate as a public non-governmental organization.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Although Article 11 of the Civil Liability Law stipulates the conditions for fulfilling the responsibilities of municipal employees and their affiliated institutions and the extent of their guarantees, the main concern is to determine how and to what extent municipal responsibilities arise from leaving duties and responsibilities. Which causes damage to persons intentionally or accidentally.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Regarding damages resulting from the exercise of sovereignty, if there are two conditions, public law entities will be exempt from compensation and payment of damages. The first is that public law persons should be in a position to exercise sovereignty, and the second is that the act should be performed as necessary and in accordance with the law to ensure social benefits.