BASIS ABOUT INSURER REFERENCE TO THE RESPONSIBLE OF THE EVENT

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SAADI HOSSEIN ALI; SADEGHI MOGHADAM MOHAMMAD HASSAN; MONTAZERI MOHAMMAD MAHDI

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Paper Information

Journal: PRIVATE LAW STUDIES Year:2014 | Volume:43 | Issue:4 Page(s): 129-146

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Information Journal Paper

Title

BASIS ABOUT INSURER REFERENCE TO THE RESPONSIBLE OF THE EVENT

Author(s)

SAADI HOSSEIN ALI | SADEGHI MOGHADAM MOHAMMAD HASSAN | MONTAZERI MOHAMMAD MAHDI | Issue Writer Certificate

Keywords

INSURER’S SUBROGATIONQ2

SUBROGATION IN RESULT OF THE PAYMENTQ2

OBLIGATION ISSUED FROM THE CONTRACT INCLUDING THE IMPLICIT CONDITIONQ2

COMPENSATION PRINCIPALQ2

Abstract

Referring to responsible person by insurer after damage compensation is one of the important issues in insurance law. Finding the jurisprudence basis of this reference regarding to Islamic laws and jurisprudence sources is the objective of this article. Subrogation with payment is rooted in French law and it is not stated in Iranian law and its basis. According to an implicit condition in insurance contracts, all the insured persons tend to compensate their damages by receiving the compensation from insurer and not to file a lawsuit by assigning it to the insurer. Therefore, obligation will be issued of existence of the insurer subrogation basis in contract.

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References

RECOUPMENT OF SOCIAL SECURITY BENEFITS FROM THE TORTFEASOR

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APA: Copy

SAADI, HOSSEIN ALI, SADEGHI MOGHADAM, MOHAMMAD HASSAN, & MONTAZERI, MOHAMMAD MAHDI. (2014). BASIS ABOUT INSURER REFERENCE TO THE RESPONSIBLE OF THE EVENT. PRIVATE LAW STUDIES, 43(4), 129-146. SID. https://sid.ir/paper/124921/en

Vancouver: Copy

SAADI HOSSEIN ALI, SADEGHI MOGHADAM MOHAMMAD HASSAN, MONTAZERI MOHAMMAD MAHDI. BASIS ABOUT INSURER REFERENCE TO THE RESPONSIBLE OF THE EVENT. PRIVATE LAW STUDIES[Internet]. 2014;43(4):129-146. Available from: https://sid.ir/paper/124921/en

IEEE: Copy

HOSSEIN ALI SAADI, MOHAMMAD HASSAN SADEGHI MOGHADAM, and MOHAMMAD MAHDI MONTAZERI, “BASIS ABOUT INSURER REFERENCE TO THE RESPONSIBLE OF THE EVENT,” PRIVATE LAW STUDIES, vol. 43, no. 4, pp. 129–146, 2014, [Online]. Available: https://sid.ir/paper/124921/en

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