Civil Liability of the State for Damages Caused by Delayed Proceedings

This study examines the issue of civil liability of the state for damages caused by delayed proceedings. A study of civil liability of the state in the legal system of the Islamic Republic of Iran shows that despite the provisions of laws that accept the responsibility of the state based on theories of fault or risk, in many cases this is a legal problem or a vacuum. The fragmentation of laws, case-by-case examination of civil liability of the state, the discrepancy of principles of liability, as well as the absence of precise executive solutions and the lack of uniformity in similar cases, including liability caused by the fault of judges, armed forces and other government employees. The results of this study showed that one of the duties of the state is to provide judicial services with reasonable and normal speed. Many governments have failed to meet this need of citizens of the society, and for this reason, delay is one of their chronic problems in governance. Delayed proceedings have harmful effects on litigants and directly cause them harm. One of the reasons for the delay in the proceedings is the government's indiscretion in the administration of judicial affairs and mistakes in the judicial process. As a result, the present study, using a descriptive-analytical method, claims that Considering the change in the principles of state responsibility and the replacement of the principle of state responsibility with the principle of immunity, many of the losses resulting from the delay can be attributed to the government.