Univerisity of Qom Comparative Studies on Islamic and Western Law 2476-4213 12 2 2025 06 22 Civil Liability Of The Treasury For Uncompensated Damages; A Comparative Study Of French Law, Jurisprudence And Iranian Law Civil Liability Of The Treasury For Uncompensated Damages; A Comparative Study Of French Law, Jurisprudence And Iranian Law 53 76 2904 10.22091/csiw.2024.9534.2426 FA Mehdi Torbati PhD student in private law, Faculty of Law, University of Qom, Qom, Iran. 0009-0002-4307-8484 Azizollah Fahimi Associate Professor, Department of Private Law, Faculty of Law, University of Qom, Qom, Iran. null Ahmad Deylami Associate Professor, Department of Private Law, Faculty of Law, University of Qom, Qom, Iran. 0000-0002-4538-6969 Journal Article 2023 06 07 One of the neglected issues in Iran's civil law is the lack of a general ruling regarding the presumption of insolvency or the lack of identification or the impossibility of identifying the person responsible for compensation. The root of this silence can be seen in the common perception of the nature of the government and the scope of its duties and responsibilities at the time of the adoption of laws on civil liability, in addition to the jurisprudential records of the titles of the creator of the guarantee. The purpose of the present research is to answer the main question, is it possible to government civil liability based on the accepted jurisprudence and legal principles? This research is done in a descriptive, analytical and comparative way. According to the findings of this research, in French law, the responsibility of society in this field is accepted based on the principle of social solidarity, and in Shia jurisprudence, it can also be accepted on the basis of protecting the common or personal interests of the society, And in terms of conclusion, it should be stated that in view of Iran's civil liability rights, the government's guarantee in compensating financial losses is necessary and not accepting it is against the common or personal interests of the society. One of the neglected issues in Iran's civil law is the lack of a general ruling regarding the presumption of insolvency or the lack of identification or the impossibility of identifying the person responsible for compensation. The root of this silence can be seen in the common perception of the nature of the government and the scope of its duties and responsibilities at the time of the adoption of laws on civil liability, in addition to the jurisprudential records of the titles of the creator of the guarantee. The purpose of the present research is to answer the main question, is it possible to government civil liability based on the accepted jurisprudence and legal principles? This research is done in a descriptive, analytical and comparative way. According to the findings of this research, in French law, the responsibility of society in this field is accepted based on the principle of social solidarity, and in Shia jurisprudence, it can also be accepted on the basis of protecting the common or personal interests of the society, And in terms of conclusion, it should be stated that in view of Iran's civil liability rights, the government's guarantee in compensating financial losses is necessary and not accepting it is against the common or personal interests of the society. https://csiw.qom.ac.ir/article_2904_9eff128a8b0bbb75dfec2b5650e3628f.pdf