IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH)
Year:2020 | Volume:35 | Issue:1|Papers Count:7

Objective: Achieving the results of upstream oil and gas operations in order to attract international investment is essentially possible by preventing or fully covering the risks posed by them, and to ensure this, several insurance methods have been used so far. Umbrella insurance agreement is one of the new innovations whose applications in the Iranian legal system have remained unknown. Hence, the purpose of this article is to identify this insurance method. Methodology: The authors have used the library method and reviewed sample agreements provided by some international insurance companies as well as similar insurance contracts. Findings: Spending less time, paying lower premiums, conducting more negotiated negotiations, less contractual disputes, more flexibility in inserting insurance coverage and, most importantly, the ability to extend it to employers, major contractors and subcontractors involved in a project are some of the advantages of umbrella insurance agreements in upstream oil and gas projects. Conclusions: Umbrella insurance agreements are able to cover the risks of all upstream oil and gas phases, including exploration, evaluation, development and production. Also, this kind of agreements can provide suitable insurance coverage under a single agreement for risks such as oil leakage from wells, eruptions, loss of drilling mud, clogging of drilling tools in wells, breaking of wall pipes, damage to equipment during transfer to offshore areas, damage to production and extraction equipment, infliction of casualties and financial damage to third parties, environmental pollution, suspension and delays in operations, damage to maritime cargo and the like, which reveals the need for immediate adoption of this insurance method in upstream oil and gas operations.

Objective: the application and execution of regulations relevant to the title insurance in Iranian legal system for providing safe and secure real estate dealings in domestic law. Methodolgy: Given the American law and practice of title insurance, we are analyzing the situation in Iranian legal system. Our method is autonomous legal doctrinal as well as experimental methodology in applying the foreign institution on Iranian legal system. Findings: Contracts regarding the real estates are social sensitive dealings that require special and precise consideration of regulatory authorities in every legal system. So many of them secure this need with compulsory registration. But some legal systems regard this mechanism inadequate for protecting individual rights. The insurance companies that have access to the registration records of lands, can insure the legal and factual status of real estates, e. g. soundness of the land, it’ s deeds and certifications and to compensate land’ s hidden defects at the moment of conclusion of the contract of sale of the land. So, it would be responsible for the land’ s factual and legal defects and this would be proper for society and its legal system. Because of efficient consequences arising out of the legal protection of deeds & promotion of security for real estate dealings, some institutions are ready to cover the liabilities and compensation of these lands. Consequently, the legal system shouldn’ t ignore the investment and economic development following from the title insurance and must emphasis on its importance and adopt proper rules for that purpose. There is no regulation of Title insurance in Iranian Legal system. But there are some provisions that would help us to adopt this system of protecting the rights and public policies. Conclusion: There is no legal barrier to applying the title insurance regulations in Iranian legal system, but some factual matters should be eliminated from this institution, such as dealing and registering the real estate in practice that is not conform with economic and law principles in general. Legislators should prevail over the problem with legalizing the compulsory registration of deeds in real estate transactions and obliging the parties to refer to the lawyers. Adjacent to this the high legal authorities in the area of insurance industry should regulate these dealings with special terms and clauses for title insurance.

Objective: Many of the harmful accidents are considered in order to be accompanied by bodily injury in the criminal courts and pay attention to the status of parties involved in losses, insurance interests and the judiciary to provide preparation of losses for the least amount of time and cost. History of judicial procedure shows that in some cases, such as death of the accused, the non-occurrence of a crime and etc. the criminal court has closed the case and the parties of the accident are referred to file a claim for damages. The purpose of this study is to clarify the new approach of the legislator in compensation faster and less costly of bodily injuries and by examining the effect of Clause (1) of Article 85 of the Code of Criminal Procedure on the insurer, the theory of compensation for an accident in the course of a proceeding shall be strengthened to avoid duplication of claims and imposing costs on both sides of the case, insurance and the judiciary. Methodology: This is a descriptive-analytical research. The existing decisions in the judicial procedure as the study documents was used. Findings: in addition to some of the disadvantages of the widespread interpretation of Clause (1) of Article 85 of the Code of Criminal Procedure, the analysis of economic and social consequences of the provision requires the necessity of a single investigation into the consequences of an accident and the new procedure of criminal courts also tends to this direction. Conclusion: The scope of Clause (1) of Article 85 of the Code of Criminal Procedure in addition to the treasury, can be generalized to the fund for physical damage and the insurer. Also, by including the culprit and non-culpable injuries in the accident, the necessary grounds should be provided for the compensation of injuries caused by accident during a hearing.