CIVIL LIABILITY OF THE LEGAL SYSTEMS OF ITALY,FRANCE, UNITED STATES AND IRAN

If judge enforces law improperly by mistake or by misuse of authority,
the rights of the accused person, or parties to the case may be infringed. For
centuries, the civil liability of the judge in different legal systems has not
been efficiently taken into consideration' in spite of the so-called "principle
of judicial immunity". By the growth of democracy and with special regard
to the principle of equality, the legislators make an effort to take a distance
from the principle of absolute immunity, and shift toward civil liability of
judge or government.
At present, the judge in western countries will confront not only criminal
and tribunal liabilities but also civil liabilities when violate the laws. In such
a case, a significant portion of losses or damages to the citizens shall be
indemnified by the government or insurance companies. In the legal system
of Iran , though stipulated in the article 171 of the constitutional law, those
parties having sustained a loss or damage due to improper legal decisions are
not effectively subjected to the indemnity of the losses incurred. To
investigate this issue and its comparison with the legal systems of a number
of developed societies in brief is the core discussion of the present paper.