A Different Basis for Compensation of Physical Damages Caused by Vehicles

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GHESMATI TABRIZI ALI

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2019 | Volume:83 | Issue:105 Page(s): 137-162

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Title

A Different Basis for Compensation of Physical Damages Caused by Vehicles

Author(s)

GHESMATI TABRIZI ALI | Issue Writer Certificate

Keywords

Civil ResponsibilityQ1

Social GuaranteeQ1

Social RiskQ2

SolidarityQ2

Vehicle AccidentsQ1

Abstract

Compensation, considered as the exclusive consequence of Civil Responsibility for a long time, has been the subject of independent systems that Civil Responsibility has been replaced by them with a different logic and basis. Despite the diversity of these alternative systems, all of them can be studied as "Social Guarantees". This theory, provided in French law, attempts to protect the victims completely with identifying the "Social Risk" and in the light of the concept of Solidarity. The sign of this supportive logic in Iranians law can be seen in victim’ s compensation of accidents caused by vehicles. Regardless of the terms mentioned, “ The Compulsory Insurance Act for third parties damages as a result of vehicles accidents", has established a different system from Civil Responsibility. A different perception of the accident and the effort for compensating losses plus difference from civil liability and its requirements are the similar indicators with "Social Guarantee. " The presentation of this idea and its resemblance in Iranian law, which is the subject of the present article, could provide a ground for extensive coverage of physical damages and support of vehicle victims.

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APA: Copy

GHESMATI TABRIZI, ALI. (2019). A Different Basis for Compensation of Physical Damages Caused by Vehicles. THE JUDICIARY’S LAW JOURNAL, 83(105 ), 137-162. SID. https://sid.ir/paper/137944/en

Vancouver: Copy

GHESMATI TABRIZI ALI. A Different Basis for Compensation of Physical Damages Caused by Vehicles. THE JUDICIARY’S LAW JOURNAL[Internet]. 2019;83(105 ):137-162. Available from: https://sid.ir/paper/137944/en

IEEE: Copy

ALI GHESMATI TABRIZI, “A Different Basis for Compensation of Physical Damages Caused by Vehicles,” THE JUDICIARY’S LAW JOURNAL, vol. 83, no. 105 , pp. 137–162, 2019, [Online]. Available: https://sid.ir/paper/137944/en

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