The nature and effects of civil liability insurance in Iranian law

Abstract

This article examines the issue of insurance, including its subject matter, elements, conditions, characteristics, definitions, framework, limits, and effects. It explores contractual terms, points of difference, and the advantages of civil liability insurance compared to other types of insurance in Iranian jurisprudence and law. The article identifies the most important branches of civil liability insurance and discusses the resources available for mandatory civil liability insurance and its role in compensating for various losses and supporting victims, based on the jurisprudential principle of insurance contracts. It also addresses issues such as claims of insufficient insurance, the viewpoints of those who oppose and those who support the application of contractual clauses, evidence for civil liability in Iranian law, and an analysis of the legal foundations arising from traffic accidents. Furthermore, it discusses the nature of opinions supporting mandatory insurance and its effects, such as the impact of civil liability insurance on the insured and the injured third party.

Ultimately, the study concludes that insurance is a contract agreed upon by jurists, particularly contemporary jurists, and its essence lies in guaranteeing the rights of victims and compensating them.