|
Theoretical Framework for State Civil Liability Arising from the Breach of the Principle of Estoppel
|
| |
|
|
|
Abstract: (5 Views) |
| This study examines the civil liability of the state arising from breach of the administrative estoppel principle, which requires consistency and good faith in administrative conduct and protects legitimate expectations and established legal positions. It argues that administrative fault may arise not only from violating written law but also from unjustified inconsistency with previous administrative positions or official promises, causing material or moral harm. The study analyzes the Iraqi and Iranian legal systems, including relevant civil and constitutional provisions and the role of administrative courts in protecting acquired rights and legitimate expectations. It concludes that estoppel expands legality from mere compliance with legal texts to consistent administrative conduct, balancing the state’s power to modify decisions with individual expectations. Consequently, estoppel can become a binding legal obligation requiring compensation or cancellation of unlawful decisions, thereby strengthening administrative justice, public trust, and the rule of law. |
|
Article number: 6 |
| Keywords: Theoretical Framework, Civil Liability, Breach of the Estoppel Principle, State Civil Liability, Estoppel Principle, Civil Responsibility. |
|
|
Full-Text [PDF 750 kb]
(1 Downloads)
|
Type of Study: Research |
Subject:
Special
Received: 2025/09/12 | Revised: 2026/09/12 | Accepted: 2026/02/20 | Published: 2026/02/20
|
|
|
|
|
|
|
| Add your comments about this article |
|
|
|
.png)
