CIVIL RESPONSIBILITY OF MAINTENANCE AND TRANSPORTATION ORGANIZATION AGAINST DAMAGES DUE TO ROAD DEFECTS IN IRAN’ LAW
DOI:
https://doi.org/10.32461/2226-3209.3.2018.175154Abstract
Abstract. Maintenance organization is to maintain, establish, keep and securitization of roads. In the event
when defects of road or lacking observation of safety principles are effective in accidents, their responsibility shall be based on patterns of civil responsibility and special laws for establishing and their responsibility. Civil responsibility for the custodians is discussed from two points, in one side, it is based on patterns of civil responsibility and fault theory and in other side, since road custodians are governmental and public institutes generally, and the analysis was performed in terms of civil responsibility of government. This research methodology is analytic-descriptive and the collection of data is as librarian. The results of this study show that the failure of maintenance and transportation organization and lacking observation of defect and inattention to securitization can result to mortal accidents and
tolerate high costs on people and government and caused situations in which people or organizations are regarded as responsible to remove defects and control and prevent from accidents in roads.
Key words: Civil Responsibility, Transportation, Road Protectors, Road Defect, Fault.
References
Ememai Mohammad and Zargosh Moshtagh (2007), Legitimacy principles of civil responsibility, law and political sciences research magazine, year 2, no. 7.
Zargosh Moshtagh (2010< civil responsibility of government, general patterns, second volume, Mizan Press
Tabatabaee Motameni Manochehr(2008), administrative law, Samt Press.
Katouzian Naser (1995), civil law for implications out of contracts, forcible contracts, first edition, civil responsibility, Tehran University Press.
Mosazadeh Reza(2009), administrative law (basics and Iran), eleventh edition, Mizan Press.
Mohaghegh Damad, Seyedmostafa (2003), patterns of judiciary, 17 th edition, Islamic Sciences Printing Institute.
Ministry of Road and Transportation, Manual of Inspection, First Volume, Third Edition, Transportation Research Centre, 2007.
Yazdanian Alireza (2000), civil law and civil responsibility, first edition, Adabestan Press.
Vivienne Harpwood, Modern Tort Law, sixth edition, Published by Routledge Cavendish (2005).
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