Civil liability and the role of insurance in car accident
Journal Title: International Research Journal of Applied and Basic Sciences - Year 2014, Vol 8, Issue 10
Abstract
Right of civil liability is based on consumption of damage from damager. Therefore any losses must be consumption in this concept. One subject in civil liability and special rules in civil law is the right of consumption in car accident. It is important in very systems of law and legislator pointed to these rights in various format of civil liability and mandatory insurance. The purpose of this study is the surveying the role of civil liability in car accident. The methodology of this paper is descriptive and analysis. Finds show that legislator believes that car accident is an example of waste rule. We know that waste is not similar to Tasbib because waste has not a primary condition for consumption. In this case while bodies are not culprit in accident then accident is affected from both sides and any sides must consummated half of damage. In some cases, the responsibility of accident is undertaking third person. Islamic penal law expresses the responsibility of driver in an accident event but the determining driver as a side of accident is very important to consumption. When accident is acquired due to negligence of driver then the loss is getting from insurance of fault driver.
Authors and Affiliations
Askar Jalalian| Asistance professore in Payam Noor University of Tehran., Behnaz Daliri| Department of Architectural, Sistan & Baluchestan Science & Research Branch, Islamic Azad University, Zahedan, Iran, email: daliribehnaz@gmail.com
Keywords
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