The basis of the holder's civil liability in the compulsory insurance law approved in 2015

MohammadReza Amini ¹ ( Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, University of Mazandaran, Mazandaran )
Aliakbar jahani ² ( Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Mazandaran University, Mazandaran, Babolsar, Iran )
Saeed Ebrahimi ³ ( دانشگاه مازندران )

Submited date : 2022-02-15

Keywords: &quot, Civil Liability&quot, , , , , , &quot, Attribution&quot, , , , , , &quot, Liability Insurance&quot, , , , , , &quot, Holder&quot, , , , , , &quot, Causation Relationship&quot, ,

Abstract :

Despite the provision of comfort for the societies, the industrial progress of the societies brings unfortunate results; Among them is the spread of traffic accidents, which is one of the important branches of civil liability. In Iran's legal system, like French law, civil liability is based on the theory of fault, but the passage of time revealed the nakedness and ineffectiveness of the theory of fault. The culmination of this evolution is the action of legislators to enact special laws on mandatory insurance in traffic accidents. The governing law on compulsory third party insurance was approved in 2015. This article aims to present a new solution to explain detailed responsibility, which will disambiguate and remove the contradiction from the basis of the holder's civil responsibility in traffic accidents.The result is that the mandatory insurance protection of the victim without a certain basis and limit is not compatible with the legal system of Iran and the general rules of civil liability. Therefore, according to the channel of waste and attribution, in order to find a way to a balanced theory and interpretation, we should use the theory of attribution of the incident or "attributability and customary documents".