Assistant Professor of Fars Science and Research Branch, Islamic Azad University
Abstract
This Article, concentrating governmental torts, explores the conceptions and evoluation of immunity and liability of government in comparative prospective. The essay has been divided into two main part. First, it will present an conceptual and evolutionary analysis of both immunity and liability and in second part, the legal position that they have been captured will be discussed. The government must be entitled to govern free from liability. As a applicable rule It cannot be a liability for government to govern. However, when a government is supplying services, that is, doing things for its people other than governing, it should be subject to liability principle. Based on this It will be seen that all studied legal system have now rectified the immunity by passing legislation which leaves the "government" liable in large amount of its acts. Thus, the liability of the government is a relatively is prevailed to immunity.