Basis about insurer reference to the responsible of the event

Document Type : Research Paper

Authors

1 Professor at the department of theology in imam sadiq university

2 Professor at the department of private law in Tehran university

3 Master ofof private law in imam Sadiq University

Abstract

Referring to responsible person by insurer after damage compensation is one of the important issues in insurance law. Finding the jurisprudence basis of this reference regarding to Islamic laws and jurisprudence sources is the objective of this article. Subrogation with payment is rooted in French law and it is not stated in Iranian law and its basis. According to an implicit condition in insurance contracts, all the insured persons tend to compensate their damages by receiving the compensation from insurer and not to file a lawsuit by assigning it to the insurer. Therefore, obligation will be issued of existence of the insurer subrogation basis in contract.

Keywords