A comparative study on the relationship between social security and tort law

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javan jafari Mohammad Reza; gorjiazandariani aliakbar; nejabatkhah morteza

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Journal Paper

Paper Information

Journal: Administrative Law Year:2021 | Volume:8 | Issue:26 Page(s): 57-88

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Information Journal Paper

Title

A comparative study on the relationship between social security and tort law

Author(s)

javan jafari Mohammad Reza | gorjiazandariani aliakbar | nejabatkhah morteza | Issue Writer Certificate

Keywords

Social security

Tort law

Recourse action

Accident

Physical harm

Abstract

The history of Tort law goes back to the far past, but Social security in its modern sense is the result of the recent economic and social changes and necessities. At the same time, it may be an interference between the two systems regarding to personal losses. four different solutions can be imagined in this regard: 1. Cumulating of Social security Benefits and tort recovery, 2. Full replacement of Tort law by Social security, 3. partial replacement of Social security 4. Interplay between Tort law and Social security law. In this regard, it will be argued that, firstly, in terms of legal policy, the adoption of which of the above approaches by the legislator will be more efficient and fairer, and secondly, according to the current rules of the law, which of these approaches has been accepted. In short, it seems that the third option is more efficient and more equitable and in Iranian law, though in practice because of a misinterpretation of the current provisions, the first solution is applied.

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