Civil Liability of Municipalities Arising from Omission in Urban Services

The municipality is a non-governmental public institution which, due to the powers and duties entrusted to it by law, is also accountable before the law. Therefore, the legal obligations that municipalities bear in line with their prescribed duties are subject to legal enforcement or judicial proceedings. The civil liability of municipalities is governed by the rules defined for other persons, but the omission of municipalities is specifically related to the organized nature of this non-governmental institution's activities. This research is theoretical in nature and was conducted using a descriptive-analytical method. The data collection method was library-based, involving the review of documents, books, and articles. The results of the research indicate that the liability of municipalities is subject to article ۱۱ of the civil liability law; however, the determination of the type and assessment of the amount of damages, as well as the role of each organizational level within this institution in relation to omission, has not been properly defined and does not follow an established precedent. This issue becomes more complex when numerous contractors collaborating with municipalities are also brought within the scope of municipal civil liability. Ultimately, it appears that municipalities enjoy immunity against damages arising from their sovereign acts and are exempt from paying compensation. Another group of legal scholars believes that, in addition to the aspect of sovereign acts, the necessity of the omission must be proven to the judge; otherwise, they will not be absolved from the application of the law and compensation merely on the grounds of exercising sovereignty.

کلیدواژه ها:

Civil Liability ، omission ، municipality ، Urban services ، citizenship rights