واکاوی ضابطه مسئولیت مدنی در توقیف وسایل نقلیه

The Seizure of Vehicle is an action that deprives or restricts the dominion of its possessor and is usually accompanied by the authority of the seizing entity. This act is lawfully executed through Judicial Seizure (executive, precautionary) and unauthorized seizure by direct order of the law.
The core issue of this research is determining the Civil Liability of various factors involved in the Seizure of Vehicle process. The objective of this study is to examine the Civil Liability for damages incurred during Judicial Seizure by analyzing the attribution of harm to each entity engaged in the Seizure of Vehicle under the specified circumstances.
This research employs data collection through note-taking and follows a descriptive-analytical methodology. The findings indicate that if the Seizure of Vehicle is an Unauthorized Seizure, both the act of seizure itself and the ensuing damages impose liability. Conversely, if it is a Judicial Seizure, post-seizure damages create Civil Liability for the entities involved in the process.
The conclusion of this research establishes that the criterion for determining the Civil Liability of the claimant seeking the Seizure of Vehicle order is based on negligence in litigation or malicious intent in the claim. The criterion for Judicial Seizure authority liability is rooted in intent, malice, and failure to observe standard professional precautions in issuing rulings. The criterion for executive agents’ liability is based on substantive errors in Judicial Seizure, legal seizure errors, and any acts of negligence or overreach following the seizure. Moreover, the state's Civil Liability is predicated on slight negligence and professionally discernible judicial errors during the Seizure of Vehicle process.