The compulsory insurance law and fair compensation without consideration of gender

Paper Details

Research Paper 01/03/2015
Views (270) Download (13)
current_issue_feature_image
publication_file

The compulsory insurance law and fair compensation without consideration of gender

Khalaf Karimipour
J. Bio. Env. Sci.6( 3), 515-521, March 2015.
Certificate: JBES 2015 [Generate Certificate]

Abstract

Motor vehicles are considered as one of the greatest technological achievements. Having too many benefits, these vehicles also sometimes cause severe bodily injuries and property damages to individuals-who are technically called Third Parties. Gradually, these damages increased significantly in quality. In the past, the reliance of rules on the traditional basis of tort liability required injured parties to demonstrate the fault of the driver. However, there was possibility the victim of an automobile accident would not be able to prove the fault of the tortfeasor and consequently could not claim for compensation. Therefore, new rules were ratified in order to provide injured party with quick and efficient compensation. Strict liability has been recognized by legislator, according to which drivers are responsible in any accident even though the fault cannot be attributed. Motor vehicles’ owners are also required to refer to a legal insurer company in order to insure their responsibility.

VIEWS 12

Abbasloo B. 2008. Tort Liability arising from Driving Accidents. 2th print, Tehran: Mizan Publication.

Babai E. 2003. Insurance Law. 8th  print, Tehran. Samt Publication.

Dehkhoda E. 1998. Dehkhoda Dictionary. 2th print. Tehran: Rozaneh Publication 1.

Ebadi M. 1989. The Commerce Law. 5th print, Tehran: Ganj-e-Danish.

Erfani T. 1992. The Insurance Contract in the Law of Islam and Iran. First print, Tehran: Keyhan Institution Publication.

Ibn Qayyim al-Jawziyye. 1969. I’laamul Muwaqqi’een 2. P. 146.

Jafar Zade E. 2004. An Introduction manual on Auto Insurance. First print, Tehran.Behnami Publication.

Katouzian N. 2005. Obligations out of Contract: Tortious Liability. 4th print, Tehran: Tehran University Publication 1.

Katouzian N. 2008. Civil Law: General Rules of Contracts. 5th print, Tehran: Sherkat-e-Sahami-e-Enteshar Publication 1.

Mahmoud Salehi J. 2002. The Insurance Law. First print, Tehran: The Central Insurance of Iran’s Publication.

Mashayekhi H. 1969. The Basis and Principles of the Insurance Law. The Journal of Tehran Insurance Superior School 48.

Moazzi J. 2007. The Law of Third Party Insurance with emphasis on Contractual Terms. First print, Tehran: Avan Andishe Pubication.

Moein M. 1983. Moein Dictionary. 5th print, Tehran: AmirKabir Publication 1.

Muhammad Rashid R. 1990. Tafsir Al-Manar 5. 322.

Muhammadi M. 2006. The Law of Liability Insurance and Third Party. First print, Tehran: Mizan Publication 1.

Muqaddas Ardabili. 1929. Majma-al-Fawayadwa-alBorhan 14, 313-322.

Najafi M. 1984. Johar-al Kalam. Tehran: Daro-al KotobIslamiya Publication 37.

Noori. 1318-1321. Mustadrak al Wasail.2th Hadith of the first chapter 18, 296.

Qasem Zade M. 2008. Civil Law: Priciples of Contracts and Obligations in Theory and Practice. 9th print, Tehran: Dad Gostar Publication.

Rah Peik H. 2009. The Law of Tort Liability and Compensations. 3th print, Tehran. Khorsandi Publication.

Sadeqi M. 2004. Obligation in favor of Third Person in the Law of France, England and Shiite Jurisprudence. First print, Tehran. Amir Kabir Publication.

Shahidi M. 2007. The Effects of Contracts and Obligations. 3th print, Tehran. Majd Publication.