خلاصة:
Responsibility for customs employees and the organization arises when damage is caused to personal goods due to the behavior, negligence, or involuntary actions of customs employees. To realize civil liability, three conditions—'harmful act,' 'harmful agent,' and 'causality relationship'—must coexist to consider compensation for damages as a principle. The civil liability of the Customs Organization can be discussed in two areas: the first area is material damage caused to individuals' goods in customs; the second area is moral damage that may be caused to the owner of the goods due to delayed clearance of goods. Since individuals conduct transactions on customs goods based on their commercial reputation, delayed clearance of customs goods may damage the commercial reputation of the merchant. However, civil liability in the event of customs violations requires certain conditions, which are investigated in this research.
ملخص الجهاز:
225 New Series, Year Five, Number Six, Summer 1399 1399 Article (171) of the Constitution stipulates in this regard: "Whenever, as a result of the negligence or error of a judge regarding the subject matter or in the ruling or in the application of the ruling to a specific case, material or moral damage is incurred by someone, if there is negligence, the negligent party is liable according to Islamic standards; otherwise, the damage shall be compensated by the state, and in any case, the restoration of dignity shall be prioritized.
" And finally, the Executive Regulations of the Customs Law regarding the basis of liability arising from causing material damage in customs premises, based on the principle of causation (tasbib) - while observing the principle of negligence - and in consideration of economic interests, the financial rights of owners of goods (the sanctity of a Muslim's property is like the sanctity of his blood), economic security, and trustworthiness, has stipulated as follows: 1 "Merchants, companies, ship commanders, shipping enterprises, and other persons (natural or legal) are responsible for the acts and deeds of their employees whom they dispatch to customs to perform work, and should any damage be caused to customs by the aforementioned employees, they must undertake to compensate for it.
Over time, the idea gained strength that the mere occurrence of damage cannot be a basis for claiming damages; in fact, a person must have committed an act that can morally be blamed; the act of causing harm must also be accompanied by negligence; thus, the traditional basis of liability was considered the tort theory; in the French legal system 3 Articles 1382 and 1383 of the Civil Code are based on this as a general rule.
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