Basics and conditions of municipal civil liability in construction

Abstract.

Municipalities are responsible for structures and buildings due to their supervisory duties and the authority to issue construction permits. Although the responsibility of the municipality regarding the building belonging to others is realized in case of non-compliance with the law, the civil responsibility regarding the buildings that cause damage due to the lack of care of the municipality is directly the responsibility of the municipality.Based on the duties assigned in the Law of Municipalities and other laws and regulations regarding the civil responsibility of the municipality, the responsibility of this public institution is considered next to the responsibility of the government and in the form of responsibility arising from non-disputable action. The analysis of the municipal civil responsibility based on the theory of fault in terms of the difficulty of proving the fault puts the injured rights in jeopardy and affects the principle of the neighbor of all damages. The current research has been done by analytical-descriptive method, the legal doctrine of laws and regulations has been examined and analyzed according to previous researches. The main question of the current research is which legal theory is the responsibility of the municipality towards the citizens based on and whether this theory provides the rights of the citizens? The results show that Iranian law has accepted the theory of fault, the civil responsibility of the municipality due to construction and destruction is generally stipulated in paragraph 14 of article 55 of the municipal law. This theory does not guarantee citizens' rights due to evidentiary obstacles. Therefore, accepting the responsibility of the municipality based on the theory of error can be a solution. Considering the passage of several decades since the approval of the Municipalities Law and the Civil Liability Law, a comprehensive revision of the municipal laws and updating them is necessary and inevitable.