نوع مقاله : مقاله های برگرفته از رساله و پایان نامه
عنوان مقاله English
نویسندگان English
The present article is an analysis and review of the performance of Iranian laws in relation to the obligations of the insurer in the civil liability insurance of the owners of land motor vehicles, and the common goal of this system is to compensate for the damage caused, to satisfy the injured party, and to restore the previous condition of the injured party. Despite the excessive development of the use of civil liability insurance, the legal nature of this contract has not yet emerged. It will be possible to explain the effects of this contract on its parties and third parties who have suffered damage, only by relying on the knowledge of the nature of this contract. Staying away from the general rules of contracts in liability insurance policies, such as the insurer's obligation to pay losses to the injured third party even in the case of the policyholder's intention, and other cases that cannot be justified by the general rules, all indicate that it should be for this type of Insurance considered an independent nature. With these conditions, the question of the present article is, what is the basis of the insurer's obligations in the civil liability insurance of owners of land motor vehicles in Iranian law? The research method in this research is descriptive-analytical and the findings show that the insurer's obligations in the civil liability insurance of owners of land motor vehicles in Iranian law are based on collective civil liability. The system of collective civil liability in Iranian law causes that if only one of the cars involved in the accident has a valid compulsory insurance contract, all the damages of the injured (except the driver who caused the accident) will be compensated.
کلیدواژهها English
