The Effect of Force Majeure on the Scope of Liability in Compulsory Insurance Act of 2016 Compared to Former Laws and General Rules with a Comparative Study in French Law

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Fallah kharyeki Mehdi; Fallah Kharyeki Amin

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Journal: COMPARATIVE LAW REVIEW Year:2018 | Volume:9 | Issue:1 Page(s): 309-329

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Information Journal Paper

Title

The Effect of Force Majeure on the Scope of Liability in Compulsory Insurance Act of 2016 Compared to Former Laws and General Rules with a Comparative Study in French Law

Author(s)

Fallah kharyeki Mehdi | Fallah Kharyeki Amin | Issue Writer Certificate

Keywords

Force MajeureQ1

Causation RelationQ1

Scope of LiabilityQ1

InsurerQ1

Compulsory Insurance Act of 2016Q1

Abstract

In tort law, Force Majeure is considered to be one of the obstacles to civil liability. Accordingly, damage caused by Force Majeure in compulsory insurance Act of 1968 was excluded from insurance coverage and law. In amending the Compulsory Insurance Act of 2008, excluding damage caused by Force Majeure of insurance coverage was removed, and the question is raised as to whether the damage caused by Force Majeure is under the purview of the law or not? In the Compulsory Insurance Act of 2016, this question becomes more important because on the one hand, this law has not mentioned about excluding damage caused by Force Majeure from the, on the other hand, any accident caused by a vehicle because of fortuitous events has placed under the law. To answer this question, we first review the concept of Force Majeure by means of conducting a comparative study in French law and then the effect of Force Majeure in compulsory insurance laws will be compared with the general rules of liability in Iranian and French law.

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APA: Copy

Fallah kharyeki, Mehdi, & Fallah Kharyeki, Amin. (2018). The Effect of Force Majeure on the Scope of Liability in Compulsory Insurance Act of 2016 Compared to Former Laws and General Rules with a Comparative Study in French Law. COMPARATIVE LAW REVIEW, 9(1 ), 309-329. SID. https://sid.ir/paper/246318/en

Vancouver: Copy

Fallah kharyeki Mehdi, Fallah Kharyeki Amin. The Effect of Force Majeure on the Scope of Liability in Compulsory Insurance Act of 2016 Compared to Former Laws and General Rules with a Comparative Study in French Law. COMPARATIVE LAW REVIEW[Internet]. 2018;9(1 ):309-329. Available from: https://sid.ir/paper/246318/en

IEEE: Copy

Mehdi Fallah kharyeki, and Amin Fallah Kharyeki, “The Effect of Force Majeure on the Scope of Liability in Compulsory Insurance Act of 2016 Compared to Former Laws and General Rules with a Comparative Study in French Law,” COMPARATIVE LAW REVIEW, vol. 9, no. 1 , pp. 309–329, 2018, [Online]. Available: https://sid.ir/paper/246318/en

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