1
Professor at University of Judicial Sciences and Administrative Services
2
MA in Private Law at University of Judicial Sciences and Administrative Services
Abstract
Analysis of the municipality’s civil liability in building construction on the basis of failure theory, can put the interests of the party who has incurred a loss, at risk , and may affect the whole damage compensation, because it is hard to prove a failure. Hence, via the new legislative approaches including articles 14,20,143, 515,517,518 of the Islamic penal code, and giving due consideration to article 184 of labour law and based on article 11 of the civil liability law, a change of procedure can be made on the basis of civil law. This specific approach of civil law does not require finding a special basis for each liability by a judge because assignment of a certain theory cannot be responsive and the judge has to be able to assign the compensation to the person’s behaviour that is the criterion for recognition of failure or judgement. Such an assignment to themunicipality’s behaviour can be accomplished in different categories including “municipality’s failure in fulfilling the obligatory tasks” (Obligation to Inducement) and “municipality’s failure in fulfilling the supervision tasks” (Obligation to Results) .Municipality’s tasks are performed either in a supervisory form (supervision over the performance of the supervisors regarding those buildings that have construction permit,and direct supervision over the construction of those buildings that have no construction permit) or in the form of a direct intervention, as project employer or contractorGenerally, municipality’s involvement is accomplished through supervising over the performances of civil engineers and proprietors and inspecting the buildings in various ways such as issuing construction permits, preventing illegal constructions, issuing construction completion certificate.On the other hand, as an employer or contractor, the municipality’s liability is to fulfil the tasks determined for the employer. On the basis of the general rule of compensations, municipality maycompensate for the incurred losses usingnonmonetary ways.
Rahpeik, S., & Mohamadverdi, S. (2020). Fundamentals of Municipality’s Civil Liability & Compensation Methods in Building Construction. Judgment, 20(102), 87-106.
MLA
Siamak Rahpeik; Saeid Mohamadverdi. "Fundamentals of Municipality’s Civil Liability & Compensation Methods in Building Construction". Judgment, 20, 102, 2020, 87-106.
HARVARD
Rahpeik, S., Mohamadverdi, S. (2020). 'Fundamentals of Municipality’s Civil Liability & Compensation Methods in Building Construction', Judgment, 20(102), pp. 87-106.
VANCOUVER
Rahpeik, S., Mohamadverdi, S. Fundamentals of Municipality’s Civil Liability & Compensation Methods in Building Construction. Judgment, 2020; 20(102): 87-106.
)