Civil liability of the municipality against damage to urban health rights

Document Type : Original Article

Authors

1 Assistant Professor, Department of Law, Payam Noor University

2 Assistant professor

Abstract

The protection of citizens' urban health rights is one of the important concerns of any legal system. Because endangering the right to health of citizens can lead to great material and moral damages. In the meantime, municipalities, as a non-governmental public institution, have a serious duty. For this reason, in the Iranian legal system, special attention has been paid to the issue of how to compensate for damages caused to citizens by municipalities and government employees. Article 11 of the Civil Liability Law expresses the personal and administrative errors of government employees against the damages caused to the victims. The method of compensation for personal and administrative errors has also been specified; however, this article is not immune from criticism. Among them, we can mention the use of the theory of fault to prove the employee's error, which has difficulties in practice, or the term "defect of administrative means that causes administrative errors by employees" is a flexible term that can be interpreted broadly. Such as a wrongdoing. employee attributing his personal error to the defect of office equipment.
Therefore, in this research, which was conducted using a descriptive and analytical method and its sources were collected using library and internet methods, an attempt has been made to analyze the basis of civil liability in the matter of damages caused by municipalities and the method of compensating for damages caused to the urban health rights of citizens, with regard to the above article.