نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار گروه حقوق خصوصی و اسلامی دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران
2 دانشجوی کارشناسی ارشد حقوق خصوصی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the most challenging issues in civil litigation is the cases where the legislator has made compulsory insurance policies, including accidental damages and labor damages. Given the importance of this institution and the lack of coherent study of the impact of the fault in cases where the legislator made it compulsory for one of the parties to provide insurance, a careful examination of the damaged fault in these particular cases seems necessary, and in spite of The change in the law of compulsory insurance in 1395 has not been carried out in accordance with this law and usually the articles in this area have been invoked to the insurance law approved in 1347. Therefore, in order to quantify the relative impact of the existing vacuum, this study examines the extent of the impact of damages caused by accidents and Due to the work in Iranian law, it deals with the comparative study of French law And seeks to answer the question whether the fault of workers and driving accidents is consistent with the general rules of civil liability or that it is subject to a special system. The hypothesis of this article is that the effect of damaged fault in insurance cases Mandatory does not comply with the general rules of civil liability, and the supportive aspect of such laws imposes the basis of civil responsibility from the theory of fault to the alleged fault. The contents of this research are based on a library method in two sections. The first section addresses the concepts and foundations, and the second part deals with the damaged fault in cases of compulsory insurance in Iranian and French law.
کلیدواژهها [English]
ب) خارجی
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