A new approach to the founations of the vehicle keeper’s civil liability

Document Type : Research Paper

Authors

1 Professor, Faculty of Law and Political Sciences, Science & Research Branch, Islamic Azad University, Iran

2 Ph.D Candidate, Private Law, Faculty of Law and Political Sciences, Science & Research Branch, Islamic Azad University, Iran

Abstract

According to the famous theory in Iranian jurisprudence, civil liability of the vehicle keepers against third party is on the res ipsa loquitor, duty of care, or risk, or a combination of them. Regarding to these foundations, if a vehicle keeper has not a policy of insurance covering third party damage, he or she must compensate the damage although has not caused the accident. This was inference from a phrase of section 1 of the Compulsory Third Party Liability Insurance Act 1968. In the Reform Act 2008 that important phrase has revoked. As a foundamental question, has the liability of vehicle keepers against third party damage remained? And if the response is yes, what is the foundation of the liability? Some theorists believe it has remained and the same theories are foundation of the civil liability, others deny. This paper, criticizing two sides, tries to show that “The loss distribution” is the foundation of the vehicle keepers’ liability. The keepers all together are liable, and this liability has organized. So, it could be named “Collected civil liability system”. With this foundation, contradictions and abmbiguities resulting from other theories, receive logical answer, and limits of liability is about the premium that keeper should pay and not more than it.

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