Journal of Legal Research

Journal of Legal Research

A Research on the Necessity of Developing Vicarious Civil Liability to Political Parties

Document Type : Original Article

Authors
Elham Sadeghi Rad 1
Mansure Bokaei 2
1 Assistant Professor, Department of Private Law, Faculty of Law and Social Science, Payame Noor University, Tehran, Iran.
2 Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Payame Noor University, Tehran, Iran.
10.48300/jlr.2023.408140.2411
Abstract
Elected members of parties as political representatives of the people at the highest levels of government and legislative authorities may commit political and financial corruption. It is sometimes difficult and sometimes impossible for these representatives to compensate for the damages caused by these corruptions. The role of the party in the stage of responsibility and compensation is ignored and it is a missing link. In a way, the parties have been freed from the responsibility caused by the political-administrative crimes of their representatives. It seems that the solution is to compare the problem with civil liability caused by the action of the others.
The present essay tries to mention examples of vicarious civil responsibilities and subordinate liability arising from the act of subordination in Iranian jurisprudence and law, and considering the existence of a kind of assignment relationship between the party and its electorate, for the parties as subordinates, to prove vicarious liability for the damages caused by the administrative-financial corruption of their elected officials as subordinates.
Keywords
Political Parties
Vicarious Civil Liability
Administrative-Financial Corruption
Elected Parties
Appointment Relationship

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Journal of Legal Research
Volume 23, Issue 60
Autumn 2024
Pages 139-164