Judgment

Judgment

A Comparative Study of the Civil Liability of the State in Political and Social Disturbances in the Laws of Iran and the United States of America

Document Type : Scientific

Authors
1 PhD Candidate, Private Law, Faculty of Law and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran. hm.moslem8@gmail.com
2 Associate Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran ‌ eslamip@ut.ac.ir
3 Associate Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran hbadini@ut.ac.ir
4 Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran ‌shjafari@srbiau.ac.ir
10.22034/judg.2026.2069966.1580
Abstract
Civil liability in private law for natural and legal persons has a very long history. However, civil liability arising from the actions of the government in a general sense is a new topic in public law. Given that in some specific social and political conditions, the occurrence of protests and, consequently, harmful events in society is inevitable; therefore, individuals are always looking for rules based on which to impose responsibility on the person or the government that has played the greatest role in the harmful event. Therefore, the entire mission of civil liability is to identify such rules. This article was conducted with the aim of a comparative study of the causal relationship in the civil liability of the government in Iranian and American law; civil liability is one of the types of liability that is subject to damage in situations where there is no contract or law, and the principles and theories governing this method are used to compensate for damage. Today, riots and unrest are among the growing events that cause huge damage to the lives and property of individuals. These are relatively permanent phenomena - but are constantly changing in the present era - and their spread is a warning signal for societies. Although dealing with riots and the resulting human losses have been primarily addressed in the criminal laws of countries including Iran, and the resulting financial losses have also almost found their place in the discussions of civil liability, the question arises
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Articles in Press, Accepted Manuscript
Available Online from 08 September 2026

  • Receive Date 30 August 2025
  • Revise Date 04 January 2026
  • Accept Date 08 September 2026