Insurer's Obligations in Motor Vehicle Owners' Civil Liability Insurance in Iranian Law

Abstract

The present article aims to analyze and examine the performance of Iranian law in relation to the insurer's obligations in the civil liability insurance of land motor vehicle owners and aims at the common goal of this system, which is to compensate for the damage caused, satisfy the injured party, and restore the injured party to their previous status. Despite the excessive development of the use of civil liability insurance, the legal nature of this contract has not yet emerged. Explaining the effects of this contract on its parties and injured third parties will be possible only by relying on awareness of the nature of this contract. Deviating from the general rules of contracts in liability insurance policies, such as the insurer's obligation to pay losses to the injured third party even in the event of the policyholder's intent and other cases that cannot be justified by general rules, all indicate that an independent nature should be considered for this type of insurance. Under these circumstances, the question of the present article is: What is the basis of the insurer's obligations in the civil liability insurance of land motor vehicles owners in Iranian law? The research method in this study is descriptive-analytical, and the findings indicate that the insurer's obligations in the civil liability insurance of land motor vehicles owners in Iranian law are based on collective civil liability. The collective civil liability system in Iranian law means that if only one of the vehicles involved in the accident has a valid compulsory insurance contract in a collision, all the damages of the injured parties (except the driver who caused the accident) are compensated.