Legal Challenges of the Civil Liability of the Organization of Collection and Sale of Acquired Property

Document Type : Original Article

Authors

1 meyboduni

2 meybod uni

3 yasooj

4 Assistant Professor, Department of Law, Faculty of Theology, Maybod University, Iran

5 Assistant Professor of Meybod University Law School

10.48308/jlr.2024.232705.2567

Abstract

Multiplicity of rules and Lack of guarantee of efficient implementation to fulfill legal obligations in the material and legal possessions of the Organization of Collection and Sale of Acquired Property, has caused deficiencies to form, contrary to Article 43 of the Constitution, and part of the government's property rights and assets have been violated. In fact, although with the formation of this organization, parallel administrative units have been merged and seized assets have been organized, But unsolved legal challenges, such as how to prove the organization's fault in the courts, It has created a big gap in compensating the damages caused by the act or omission of this organization in securing the Confiscated property rights. In addition, ambiguity in the foundations and conditions of civil Liability Organization of Acquired Property, provided a suitable platform for increasing crimes in determining the assignment of illegal property, Prevalence of discrimination in government organizations, the destruction of treasury property and the spoiling of basic goods in warehouses. The question is, what are the legal solutions to solve the challenges of civil Liability of the Organization? In this research, in a descriptive-analytical method, legal solutions such as unity of criteria from Article 11of the Civil Liability Law and the acceptance of the theory of presumption of fault have been investigated, it was concluded that by solving the mentioned challenges, Harmful takeovers of government organizations are prevented and by compensating the damages caused to the confiscated goods, the government's property and the victims will be supported.

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Articles in Press, Accepted Manuscript
Available Online from 07 May 2024
  • Receive Date: 20 August 2023
  • Revise Date: 22 June 2024
  • Accept Date: 07 May 2024