جستجوی مقالات مرتبط با کلیدواژه "بیمه" در نشریات گروه "فقه و حقوق"

In the tort liability, damages are distributed by modern institutions such as insurances, strict liability of companies or traditional and jurisprudential institutions such as kinsmanship. Although these loss distributive institutions have advantages such as assuring compensation of the injured or reducing the injurer’s burden of compensation, some analyzers believe that the facilities such institutions provide to the two parties can deteriorate the deterrence role of the civil liability and promote imprudence. Therefore although these institutions are in line with the tort liability system in terms of compensating the damage, they have a reverse effect in terms of deterrence and promote imprudence. In contrast, there are reasons that reject critique of the mechanism of these institutions. The reasons include the existence of other deterrent factors along with tort liability such as the sense of misrepresentation of individuals, the ineffectiveness attributable to the tort liability system in the realization of deterrence and the prediction of mechanisms in loss distributive institutions to prevent imprudence. Hence, the distributive institutions generally, unlike the initial perception, if don’t have a positive effect on deterrence, they don’t have at least negative effect on it and did not expedite the spread of it.

Islamic securities (Sukuk) are new financial instruments that are designed based on Sharia contracts and are used in the Islamic Republic of Iran and most Islamic countries instead of bonds - which are designed based on a loan agreement with interest. These tools play the role of providing financial resources based on ownership of assets or participation in projects. Partnership papers, mudarabah, lease and istisna are examples of these instruments.Considering the fact that in Islamic law, there is a combination between profit and loss in investment and as a result the return of the capital is not guaranteed, securities such as partnership bonds, with the characteristic of this combination, keep risk-averse people away from investing. Therefore, mechanisms are thought of to attract capital from people who have less risk tolerance.
In this article, the methods of: 1-capital guarantee as a condition in the contract, 2- capital guarantee from a third party, 3- capital guarantee through insurance, are among the mechanisms that- in addition to the suspicion of usury, are ruled out- They are prepared in the form of non-interest-bearing securities to achieve legitimate purposes in economic activities.

Negative inflation refers to a situation in which the value of money increases and the general price of goods decrease due to excess production. In this situation, losses are incurred by merchants and business people. The risk of such an issue can be covered by insurance. This research has studied the mechanism law of such insurance from a jurisprudential point of view. Damage insurance caused by negative inflation is legitimate based on jurisprudential principles such as generality and applicability, the foundation of rationality, the interpretation of manat and the sayings of jurists, and its existence can protect the society from public harm. However, in order to properly implement this mechanism and prevent mismanagement and waste of people's capital, the insurance company is obliged to keep a certain amount of cash without using it, and the insured is also obliged to make a detailed statement about his assets. Therefore, in certain cases, this insurance can be made mandatory with such characteristics, and this act of the Islamic government is justified by the Shari'a based on social expediency and the duty of creating economic stability.

One of the important issues is the investigation of the liability for the loss of car price, considering that this issue is not explicitly mentioned in the laws of Iran, insurance companies do not pay this type of damage.But with the review and concept of the existing laws, including (Civil Liability Law and Law on Compulsory Insurance of Damages Caused to Third Parties by Accidents Caused by Vehicles) and legal principles, insurance companies are obliged to pay all damages (up to the limit of financial obligations) from Among the damages are the drop in the price of the car, and also, on the other hand, a recent ruling from the fifth branch of the Supreme Court states that (the drop in the price of the vehicle caused by a traffic accident that is attributed to the culprit of the accident cannot be claimed from the insurance company if, in the insurance contract it has been specified) has been issued that this article tries to criticize and review the issued decision.Key words: civil liability, insurance, loss of car price.

Achieving sustainable development requires the use of various resources. For this reason, governments use a wide range of mechanisms and resources for this purpose. It is one of the imaginable mechanisms and tools to achieve the goals of sustainable development of the insurance industry. According to international documents, sustainable development can be divided into the second and third generation of human rights. Despite these international documents related to sustainable development, they have not used a clear position on insurance. Therefore, the question arises whether insurance can play a role as a tool in the light of human rights in strengthening and realizing policies based on sustainable development, and if the answer is positive, what are its functions in this regard and then there is a proposal to use insurance as a tool in Iran's 7th development program and to strengthen the principles of human rights such as equality. This research, using a descriptive-analytical method, has investigated the relationship between sustainable development and insurance and imaginable approaches and has addressed the types of functions that insurance can adopt to achieve sustainable development. This research concludes that despite the functional differences between insurance and sustainable development, this industry has potential and flexibility that can be used as a complementary tool to realize sustainable development policies and strengthen human rights.

In the field of bank's responsibility in bank deposit fund, there is a research gap that, in order to complete the previous researches, the question, what is the nature of this contract, has been investigated in an analytical-descriptive manner? Does being in the category of banking services (the aspect of expertise and professionalism) add to the scope of the bank's responsibility? Is the provision of Article 386 of the Commercial Law applicable to the bank fund contract? Does the involvement of insurance have an effect on the basis of the liability of the responsible parties? In this research, we will analyze it analytically, but in the answer, we can briefly say that the contract of the bank deposit fund; It is a lease contract that implicitly includes a commitment to safety in its provisions, and this commitment to safety turns the bank's commitment from a commitment to a means to a commitment to the result due to the expertise and professionalism of this type of service. banking and related to the economic and general order of the society, it is created and it removes the lease contract from the form of column, this commitment to safety is derived from the provision of Article 386 of the Commercial Law, and since the insurer is the customer himself, in case Simple theft creates joint and several liabilities between the payment authorities.

Insurance is one of the most effective factors in the economy of any country, especially in the world economy level, which in addition to financing commercial companies, provides them with economic security through the provision of insurance services that cause greater mobility and dynamism in international markets and can be He called it one of the indicators of the development of any country in the world markets, Accounting to the purpose of the research, the method used is description_documents whose information is collected through a library.The finding of this research show that 1) in addition to paying damages, the most important role that insurance can play in international trade.The increase of national capital is the countries that use this type of industry 2)The liability of the insurer will pay up to the amount of its commitment and the excess will remain the responsibility of the policyholder,3) Iran's law and judicial procedure regarding criminal offenses, insurance is based on the punishment of imprisonment and its alternative.

Extensive risks and dangers at sea lead to great losses to many maritime activists, including merchants, vessel owners and governments. The financial ability of any of the activists in this field to compensate the damages is very limited or may even lead to irreparable damages such as environmental pollution that cannot be compensated by money alone and has negative side effects. Therefore, nowadays, the issue of obtaining marine insurance is very important and has legal and international requirements, regardless of the rational benefit and commercial needs. by investigation international conventions, it was determined that due to the importance of the issue and in order to reduce the risk marine activists, various types of marine vessels insurance, including protection and compensation insurance, hull and machinery, cargo, etc. were predicted and the principle of compulsory insurance at sea is mainly designed to ensure the payment of debts and compensation by vessel owners. Therefore, obtaining marine insurance coverage is not only a commercial need for maritime activists, but this issue has become a legally binding rule in the international relation. However, obtaining vessel insurance is not included in domestic law and the basis for action is only some of the multilateral international treaties to which the Iranian government has acceded.

The main purpose of this study is to investigate how to register insurance companies and provide information on how to obtain the necessary licenses in this field and ultimately facilitate this. Undoubtedly, one of the most important and fundamental steps to start a business and provide services and wealth can

The article has been done analytically and descriptively using library, internet resources and related upstream documents. In this research, we examine how to register insurance companies, requirements and regulations, as well as the necessary documents and its steps.

In the meantime, considering the importance and position of the issue of insurance in people's daily lives, it can be said that insurance activities and insurance companies are one of the most important legal entities active in our country, and their impact on people's lives, health and peace is tangible. And they have an undeniable role in the economic field and related issues. Therefore, how to register these companies and identify them can be an important issue that knowing how it can be an effective help to improve activities related to insurance businesses.

The results of the present study showed that the registration of insurance companies in order to identify them, identify stakeholders and holders of related responsibilities, monitor their activities and facilitate the provision of services to the target community, etc. is vital and familiarity with the registration process and documentation The requirements are also important and necessary in achieving the above goals.

Oil resources are God-given riches whose extraction and exports, especially in the Middle East is important for economic development but alongside that, protection of environment as the third generation of human rights is a public duty for all countries. among pollutants that affect marine environment, oil is among the most important. Oil causes damage and loss even in small quantities on marine life and compensation is not easy because of vast volume of pollution. In petroleum industries risk of pollution exists in different steps of activity such as discovery and excavation and development and transit so in international and national arenas different legislative documents have been ratified. In oil pollution incidents, recognition of the responsible is difficult and enforcing payment is also fraught with trouble, so firstly the system of responsibility based on guilt is not efficient and the system of responsibility based on absolute responsibility is appropriate and purchasing insurance coverages is a mechanism through which this system can function efficiently

Life insurance is a new form of contract that has been favored in today’s world exposed to a variety of risks. This insurance provides a value added situation, materially and spiritually, at both small and large levels of the society. The highly advantageous side of this insurance is its affording assurance and security against impending death. There are two approaches to rendering the insurance a sharia-based character: one is its being conforming to the pre-established principles, and the other falls within statute. The solution for conforming it to sharia principles is to adjust it to one of fiqh-based forms of contract: contract of liability (ziman), and contract of settlement (solh) as compared to other forms of contract like hiba, jualah, muzaraba and alike.

One of the most important aspects of consumer protection that has received little attention is the facilitation of consumer litigation. Costs of Litigation are one of the major barriers to consumer litigation. In Iranian law, the lack of special assistance for consumers and the limitations of the general rules of insolvency and the limited financial resources of consumer protection organizations, in practice have created obstacles for consumers to sue. In different legal systems, different mechanisms are considered in order to remove this obstacle. legal expenses insurances can be considered as one of the tools that are effective in removing this obstacle and facilitating consumer litigation by covering cost of litigation and have been considered in most legal systems. The present study in a descriptive-analytical method and through collecting data with library method, while studying these insurances in some pioneering legal systems in this field, have studied these insurances in order to facilitate consumer lawsuits. The experience of the studied legal systems confirms that these insurances, along with other assistance tools, are a good solution to facilitate consumer litigation. In the Iranian legal system, despite the predicting of these insurances in the bylaws of mandatory advocacy, with the issuance of Unanimous decision of the Supreme Court, there are currently no special provisions in this regard. However, considering the acceptance of the insurance contract and the principle of freedom of contracts, these insurances are also defensible in Iranian law and while having a deterrent effect on the inflicting of loss to consumer, can have some deterrent effect on litigation costs. Therefore, it is necessary to revive the provisions of the recent regulations and legal protections for these insurances in order to use its positive functions.

Considering that most important legal systems have considered civil liability arising from land motor vehicles according to special laws and based on the theory of danger, the Iranian legal system has witnessed changes in this field for almost half a century until today. . Most of these developments are aimed at compensating the general victims of the victims who have been exposed to mechanical threats caused by these devices. Daily insurance scams have caused a lot of damage to insurance companies. Examining the pillars of insurance scams and ways to deal with it, insurance will help in the process of preventing the occurrence of these scams. By examining the elements of the crime of insurance fraud, it is found that the rules governing fraud in insurance fraud are also serious, and by resorting to the rules governing fraud, the provisions and conditions governing the crime of insurance fraud can be inferred. . It is worth mentioning that fraud in different types of insurance, including property insurance, persons, etc., is different, here we will examine fraud in car insurance. The important point is that in dealing with the above criminal phenomenon, only criminal measures are not effective. Rather, as a supplement, non-criminal measures can be used, such as increasing premiums and not concluding insurance contracts with perpetrators of such crimes.

Securing cyberspace and ensuring its security against the risks that exist is one of the most important human challenges in today's societies. New laws need to be legislated and passed so as to enable legal solutions to come into existence to combat the potential and actual risks of cyberspace, giving rise to a safer and more secure space. In order to make this happen, nowadays insurance companies have started offering virtual insurance services related to cyberspace. With the advancement of blockchain technology, non-fungible tokens are becoming more and more valuable. Therefore, insurance for valuable products worth millions of dollars is essential. This article seeks to explain the strategies and methods for applying insurance to non-fungible tokens. In this article, we seek to investigate and evaluate the feasibility of insurance for non-fungible tokens inspired by similar examples employing analytical descriptive methods. As a general conclusion, it can be stated that the insurance of these products requires widespread popularity of these products, establishment of appropriate laws, creation of systematic platforms and creation of desire in insurance companies to insure non-fungible tokens.

Confiscation is one of the institutes enacted by the legislator to protect the right of winning party and/or the claimant and ensure individuals' right. It is based on protecting individuals' right. However, carrying out these regulations can weaken the social and economic aspects of the society. But today, laws should be comprehensive and consider group rights in addition to individuals' right. In this way, existential principles which are the philosophy of enacting the current regulations are criticized in addition to presenting a new definition for confiscation and investigating social and economic model-setting principles; and by presenting a new theory for confiscation, we move toward socializing law and protecting individuals' rights and jurisprudence and legal principles of insuring confiscated properties are studied based on development of the wise, rule of prohibition of detriment, the inclusion of generalities and applications of evidence.

Understanding the extent of the insurer's obligations alone is not enough to explain the overall issue of third-party insurance. In many cases, the legislator has been liable for compensation in the general fund. In some cases, the insurer may, after compensation, return to the Loss Insurance Fund for reimbursement. The same two regulations are sufficient to determine the importance and necessity of studying and recognizing the limits of the obligations of the fund for the provision of financial damages. In this paper, with the understanding of this necessity, the scope of the Fund's obligations under the Third-Party Compensation Insurance Act of 1395, as well as the grounds for the formation of the fund in terms of its jurisprudence and law and its security for injuries damages founds, and why the legislator increased the liability of the fund, it has been studied and analyzed.

Most of the discussions in the area of the researchers are based on the Tahzir rule(warning) about the main cause of the damage. The warner as the cause of the damage is the principal responsible for the compensation and, based on the rule of warning, is not bound by the terms of the terms; however, persons such as wise, Insurance and treasury , who are considered responsible for the main responsibility of the person, are subject to the rule of warning Is it broken? In the query, the effect of the abovementioned rule and its quality and quality has not been answered by the responsible authorities in removing the guarantee. Tahzir rule is one of the reliable jurisprudence rules that was taken from one of Imam Alichr('39')s verdicts, saying, “The one who warns others, is the one who will be forgiven.” Therefore,  provided that the conditions will be met and as a result of holding premonitory rule, the agent of that loss no longer will be liable and also the wise person and treasury are not required to compensate it. Therefore, disclaimer of the main agent is not against the rules of compensating the losses through referring to insurance company.

Since the arrival of the car and other vehicles into the human life and incidents that have taken place, there was a need for more insurance than ever. Insurance companies covered the matter by covering a large number of insurance companies, thus taking responsibility for financial and criminal losses associated with the accidents. in iran, mandatory insurance law after several laws and with a series of changes and legislative policies was enacted in 1395 that, despite legislative legislative policies, there are numerous shortcomings in this field, and in addition to increasing fraud and abuse of different criminal elements in the insurance field, it is necessary to provide solutions in the prevention domain more than ever.

Engineering contracts, procurement and construction (EPC) have entered the legal field of Iran as a contract with foreign bases and in order to localize this contract, variable characteristics such as political, legal and economic affairs should be considered. These contracts are one of the most common and practical contracts in the world in the field of design and construction. Therefore, the contracts in question have legal principles that require compliance, which strengthens the theory that these contracts are definite and excludes them from the scope of Article 10 of the Civil Code. What is more, there are several laws, regulations, sections of letters and similar agreements in this field that can be the creator of the legal principles governing these contracts. In addition to defining and applying these contracts in some leading countries in the field of manufacturing, the present article seeks to identify and or establish legal principles in engineering contracts, procurement and construction in Iran's oil and gas industry.

Subjectology and correct thematic understanding of the concepts proposed in the humanities including law is one of the important steps to deduce the fiqhi decrees related to the humanities concepts. A large number of novel subjects and concepts have no trace in the tradition and literature of fiqh; that is, they cannot be traced in the old texts and manuscripts of fiqh. The present article suggests that the best approach in dealing with the new concepts is to find similarities or similar concepts in the fiqhi literature, so that they are considered as a whole, and merely if there exists no opposition to the sharia, they are considered the same as the pre-existing concepts in fiqhi texts, and thus, based on such a consideration, the related fiqhi judgement or decree is deduced. With regard to the subject of unemployment insurance, the closest concept and alternative in terms of function and purpose is the supportive tax