Insurability of the loss Cossed by the State of the Art from the perspective of Islamic law and jurisprudence

Subject Areas :

Hadi  Aghapour hosein bieghi ¹ (Department of Private Law, Islamic Azad University, Tabriz Branch, Iran)
mokhtar  Neam ² (Department of Private Law, Islamic Azad University, Tabriz Branch, Iran)

Received: 2022-10-12 Accepted : 2022-12-25 Published : 2023-02-20

Keywords: Risk, Damage, Product, Civil liability,

Abstract :

AbstractThe emergence of new and emerging risks and the resulting damages caused by these risks have made the insurance industry face various challenges. One of these existing risks that is unknown and covers a wide range of issues is the risk of the development of science and technology as possible. In the field of production and supply of goods, there are risks that the current human knowledge is unable to recognize, but with the progress of science, the defects and dangers of the said goods can be discovered, these risks cause huge and sometimes irreparable financial and physical losses due to Failure to predict such risks in Iran's legal system has practically kept the method of compensating the mentioned damages silent and is part of the challenging issues in the field of civil liability, which is appropriate for the legislature to include the damages caused by development risks under insurance coverage.Therefore, the current research aims to support production and knowledge-based companies and restore the economic system and by using the experiences of other existing legal systems in the field of covering damages caused by the described risks in an analytical and descriptive manner using library tools and relying on applications. And jurisprudential generality and the use of legal capacities intend to emphasize the insurability of damages caused by the risk of science and technology development.