Civil responsibility of the owner of a ground motor vehicle in Iranian law and the teachings of Islamic jurisprudence with a comparative approach in common law.
Subject Areas : Private law
mohammad sadegh hafezi ghahestani
1
(PhD in Private Law, Department of Law, Faculty of Humanities, Varamin-Pishva Branch, Islamic Azad University, Varamin-Pishva, Iran.)
shokrollah nikvand
2
(Assistant Professor, Department of Law, Faculty of Humanities, Varamin-Pishva Branch, Islamic Azad University, Varamin-Pishva, Iran.)
abdol-ali mohammadi jozani
3
(Assistant Professor, Department of Law, Faculty of Humanities, Varamin-Pishva Branch, Islamic Azad University, Varamin-Pishva, Iran.)
Keywords: Civil liability, Driver, Ground Motor Vehicles, Owner,
Abstract :
With emergence of vehicles, one of the essential needs of humankind was met and an important step was taken in the field of speeding up the transportation of people and goods. Along with all developments, the vehicle still has a special position in transportation, but at the same time, the damages caused by vehicle accidents and its compensation are always considered in different countries so that the annual statistics of damages caused by vehicles are more than any other factors. Accordingly, the necessity of having regulations that easily guarantee the rights of the victim is felt more than before. The civil liability of the owner is always raised in emergence of the damages caused by these incidents. Contrary to Iranian law, except for the provisions of the Compulsory Insurance Law approved in 2016 that seems the responsibility of the owner is subject to the general rules of civil liability, the responsibility of the owner is determined in the laws of the common law countries in such a way that the damages caused by vehicles are compensated as much as possible. In addition to expressing the concept of the owner and his/her civil responsibility, the present paper deals with foundations and obstacles of civil liability and determining the person responsible for the damages caused by these devices, according to the relevant laws of the applicable countries and the evidences of Islamic jurisprudence.
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