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specialty journal of humanities and cultural science
Volume 4, 2019, Issue 1
Pillars and Realm of Judgment Enforcement Officials’ Civil Liability
Mohsen Mehri, Mahmood Ali Zadeh
Pages: 32-41

Abstract

A long process is taken from the filing of a lawsuit in a court to the verdict issuance stage, and it might seem that the job is finished here; but, a new stage is commenced that is per se of importance. The job has been assigned to the judgment enforcement unit and officials. The enforcement of a verdict is in itself a new process wherein an individual acquired an ordinance after spending much cost and time seeks its enforcement. Carelessness, disorder, and instability might come about at this stage. The verdict enforcement is comprised of several stages and the enforcement officials are granted numerous responsibilities in this stage. Meanwhile, verdict enforcement might become a factor causing harm and loss to another person. This study aims at investigating the pillars of enforcement officials’ civil liability, one being the incurrence of damage and loss. So, the first pillar of the civil liability actualization is the incurrence of a loss or damage of a type that will be examined later. The questions are raised that how is guilt conceptualized and what are the examples of enforcement officials’ administrative guilt? In the end, the discussion is dragged to the role of fault in actualization of the enforcement officials and agents’ liabilities. Besides the occurrence of loss and the perpetration of a harmful action, verifying the causality relationship between the imposed loss and the harmful action is necessary, to wit has the loss been caused by a harmful action or not.



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specialty journal of humanities and cultural science
Issue 1, Volume 5, 2020