Municipal Civil Liability under Iranian Public Law: An Analytical Review of Administrative Fault and Risk Theories

Municipalities, as local public authorities, are responsible for a wide range of urban services, exposing them to legal claims when harm results from administrative actions or omissions. Despite the existence of general civil liability principles in Iranian law, the specific legal foundations for holding municipalities accountable remain underdeveloped and inconsistently applied. This study aims to investigate the legal and theoretical basis of municipal civil liability within the Iranian legal framework. It explores the distinctions between personal and administrative fault, examines the applicability of risk-based liability doctrines, and analyzes the compatibility of these models with statutory law and Islamic legal principles. A qualitative doctrinal research method was employed, analyzing legal texts, statutory provisions-especially Article ۱۱ of the Civil Liability Act-and relevant court rulings. The study also incorporates comparative insights from French and Islamic jurisprudence. The findings indicate that Iranian courts often lack a clear approach in differentiating institutional liability from individual misconduct. Furthermore, the absence of uniform legal criteria results in legal uncertainty and reduced protection for citizens harmed by municipal failures. The article concludes that refining the legal framework, clarifying fault criteria, and considering objective liability mechanisms may enhance both legal predictability and social justice in municipal governance.

Keywords:

Civil Liability , Municipal Liability , Administrative Law , Iranian Law , Public Sector Accountability , Administrative Fault , Risk-Based Liability , Faute de Service , Public Law Reform , Legal Framework , Iranian Jurisprudence , Islamic Legal Principles , Municipal Governance , Public Institution Accountability , Legal Text Analysis