نوع مقاله : مقاله پژوهشی
1 دانشیار گروه حقوق خصوصی و اسلامی، دانشگاه تهران، تهران، ایران
2 دانشجوی دکتری حقوق خصوصی، دانشگاه خوارزمی تهران، تهران، ایران
3 دانشجوی دکتری حقوق خصوصی، دانشگاه تربیت مدرس، تهران، ایران
عنوان مقاله [English]
Including the question of the basis of legal systems, official’s civil liability from executing the illegal order of the competent authorities; that has always preoccupied the minds of legal scholars. In the Civil Law and Civil Liability Law in 1960 is silent with respect to the above issue. But the second section of the Article 159 Islamic Penal Code in 2013 provides Official’s civil liability from the illegal orders of the competent authorities _ to cause mistake to think that the law is acceptable _ is executed, about wergild and civil liability subject to generalrules responsibility. Of course, by considering the recent law is well known that Articles 473, 495 and 496 links with the second section of Article 159 of the mentioned Law and by analyzing them should be deduced to general rule relating to official’s civil liability from executing the illegal order of the Competent Authorities. However, it seems various objections to mentioned Articles can be entitled objections structure codification, including not raised the subject in a subset of civil law, and substantive and technical objections, such as failure of the prediction different statements executing the illegal order of the competent authorities and Their impact on the Official’s civil liability and failure of the justification of the acceptable mistake criterion of the official to execute such orders by legislator that should be studied and in the end, will propos to legislativein this field.