Document Type : Research/Original/Regular Article

Author

• Abdollah Khodabakhshi

Abstract

Accidents resulting from driving and motor vehicle’s incumbency are considered as the most prevalent accidents during the last years. In Iran, its statistics is more than standard limit, too. Recently, a law was enacted in Iran and it caused the civil liability system and the remedy of losing party in such accidents are developed. This also affects on compensation insurance system. Herein, we want to answer this question whether these developments were transformed the liability basis and sent it away from the jurisprudence guarantee topics, or no change was made in these fundamentals. Consequently, the theory of “unlimited compensation of the losing party”, subject of article 26 of Accidents Vetting Act, is not consistent with Iranian legal system.  In fact, with due regard to the theory of “Religious Jurisprudence Relation”, we can achieve a reasonable interpretation.

Keywords

• accident
• Losing Party Fault
• Customary Relation
• Holder
• Driver