The Judiciarys Law Journal

The Judiciarys Law Journal

A New and Critical Reflection on the Lack of Civil Liability for the Owner of a Motor Vehicle in the Assumption That It is Driven by Someone other than the Owner

Document Type : Research/Original/Regular Article

Author
Assistant Professor of Literature and Humanities Faculty, Law Departmetn, University of Guilan
Abstract
Despite the initial desire and will of the Iranian legislator to recognize the civil liability for the owner of the vehicle in traffic accidents, the study of the evolution of legislation indicates that civil liability for the owner is not recognized in the current situation. The importance of this discussion is especially in the assumption that the driver is someone else and is considered the cause of the accident. In this assumption, in addition to the person who caused the accident, is it possible to refer to the owner? Contrary to the opinion of some legal researchers that there is civil liability for the owner, it can be claimed that the laws which have been approved in this regard after the Revolution, have gradually moved in the direction of weakening the position of the owner's civil liability and finally removing it. The present article with a descriptive-analytical method and a critical approach, while trying to identify the current situation and remove the ambiguities that have been raised in some legal studies, tries to identify the opinion of the legislator, explain the reasons of changing the legislative approach and then criticize and evaluate it. The findings show that the legislative reasons behind the new policy were not strong enough to prove the necessity of this change and in addition to the basic problems, it also brought many practical problems. As a result, after passing through these challenges, it is possible to pave the way to identify the civil liability for the owner of vehicle and propose its basis in a new design.
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Volume 88, Issue 125
Summer 2024
Pages 111-144

  • Receive Date 05 December 2023
  • Revise Date 28 April 2024
  • Accept Date 02 June 2024
  • First Publish Date 02 June 2024
  • Publish Date 20 March 2024