Basises of Liability of the Persons Private in the Law of Obligatory Insurance for Damages to Third Parties Approved in 2016
In Iranian law, despite the dominance of the theory of fault, other principles such as Risk Theory, the presumption of fault and absolute responsibility have been accepted, and the basis of responsibility of each of the above persons is compatible with one of these principles. Explaining the basis of responsibility from this perspective is important that in different cases, the possibility or impossibility of imposing responsibility can be examined. For example, the basis of the driver's liability is the theory of fault, and therefore, if she observes all the rules and regulations of traffic, she will not be given the title of driver who caused the accident and is therefore exempt from liability. In the Law of Obligatory Insurance approved in 2016, several persons have been identified as responsible for financial and physical damages payable to persons injured in accidents caused by vehicles. From the insurance company, the Fund of Providing Corporeal Damages, the driver who caused the accident to the pedestrian who passes through unauthorized areas. All these people and other people such as the road administration are obliged to compensate the damages, but the reason for the responsibility of each is different, and accordingly, the basis of their civil liability is different from each.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.