If the main objective of the rules of civil liability is the compensation of material and spiritual damages, the state and civil servants would not be exceptions to this rule. It is possible that granting immunity to the state may give rise to the imposition of certain material or spiritual losses on natural as well as legal persons. Is compensation for the losses imposed in these cases, or drawing their consent as far as possible, obligatory on the state? If such compensation is necessary, is it the obligation of the political system and the public treasury, or the obligation of the state or the civil servant? The present article first defines the concepts related to the topic and then discusses the foundations of civil liability and those of the liability or immunity of the state and civil servants according to Iranian law and Shiite jurisprudence.