Hadi Shokri, Mahdi Falahkhariki, Ahmad Esfandyari,
Volume 11, Issue 36 (1-2024)
Abstract
The legal duties that are considered in civil liability are public and are generally the responsibility of all people. In English law, compensations for breach of legal duties, although they were initially applied to private law issues, were later extended to public law due to public policy considerations. Laws and regulations impose duties on all people, which the general society obliges to comply with, but sometimes, omission and violation of public duties, causes civil liability. In the civil liability system of England, the violation of society's rights, as a violation of legal duty, leads to responsibility. In this system, a combination of private and public rights compensations are applied, which cannot always and easily be changed. Currently, in addition to private relationships between individuals, considerations related to politics and public policy, the limited role of courts and the developing culture of human rights in England, have led to the development and enrichment of the judicial procedure about the civil responsibility of public institutions and officials. In the legal system of England, which is the basis of the discussion in this article, the titles of civil responsibility are derived from civil rights, which are applied to public officials in the same way as private law persons. This research, which has been written using a descriptive-analytical method and through library tools, tries to clarify the angles of civil responsibility resulting from breach of legal duty and omission in English law by looking at Iranian law.
