چکیده:
If cultural and social institutions cannot play their roles appropriately in order to provide cultural rights, social norms and cultural values will be affected and there will be widespread changes in the lifestyles of influential people in society. In fact, not only will the spiritual and religious rights of citizens not secured, but also they will be disrupted; this is the result of irreparable spiritual and cultural losses. In addition, while in some cases, the hypothesis of the responsibility of public social institutions has been accepted, in other very important cases, such as culture, this hypothesis requires the production and explanation of research theories. In other words, when a government takes over the system of society and nation, any misconduct in social and legal affairs at a macro level is due to its lack of deception, whether it results from improper regulation or non-regulation and non-fulfillment. This descriptive-analytic research attempts to outline the jurisprudential and legal issues of the state's responsibility, such as the rule of law, the theory of fault and the guarantee of the right. Considering the scope of civil responsibility of state in cultural affairs and mechanisms of compensating moral losses, this research attempts to base the theory on a regular and unitary model and introduce relevant challenges for future research.
خلاصه ماشینی:
Contemporary Legal Studies Scientific Journal, Year 10, Number 19, Autumn and Winter 2019 , pages 1- 29 Date of receipt: 2019/07/06 Date of final acceptance: 2019/02/23 Legal Foundations of the State's Civil Liability in Cultural Affairs 1 Ardavan Arzhang 2 Sajjad Rasouli Jaze Abstract If cultural and social institutions are unable to properly fulfill their obligations toward securing cultural rights, social norms and cultural values will be more affected than before, creating extensive changes in the lifestyle of other influential persons in society.
The theory of state civil liability in cultural-artistic affairs is considered a new approach and transformation in the civil liability system of Iranian law, which seeks, in order to create a civilized Islamic society, to produce and define appropriate conditions for the enforcement of the state's obligations and duties in cultural affairs by benefiting from the jurisprudential and legal foundations of state civil liability, such as the rule of 'no harm' (la darar), presumption of negligence, attributability, guarantee of right, or the principle of legitimate expectation.
Of course, according to the opinion of some legal scholars, whenever public entities engage in administrative, service-oriented, and actions similar to private individuals, such as the export and import of goods, especially cultural goods, welfare, communication, and internet services, their goal and intention is not the exercise of sovereignty and national authority and government, but rather their relationship with the people, including the state's civil liability relationship, follows the rules of private law, just like private individuals.
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