عنوان مقاله [English]
Objective: The present study deals with the comparative study of force majeure in compulsory insurance laws. The basic question that has been considered in this regard is, what does Force Maurer have in the compulsory insurance laws? In other words, is the compensation of the major force-damages in the event of accidents caused by the vehicles to the insurer and the fund for damages?
findings :The findings of the research indicate that Article 4 of the Compulsory Insurance Act 1347 excludes losses caused by force majeure, such as war, flood, etc. from insurance policy obligations, but in the Law on the Amendments to the Law on Compulsory Insurance of 1387, the inclusion of out-of- The cover of the letter of insurance was deleted, and from the same time it was asked whether, with the removal of the force majeure from the inclusion of this article, compensation for the damage caused by it has been placed by the insurer and the fund.
Until the adoption of the new law in 1395, the procedure for the elimination of force majeure was confirmed and repeated beyond the scope of the insurance policy, and, furthermore, the concept of the incident expanded and the phrase "any type of disaster caused by vehicle accidents due to accidents" In anticipation "joined it. What the author intends to emphasize is the comparative analysis of the compensation for major force damages in accordance with the compulsory insurance policy of the insurer and the fund for providing financial damages.
condusion :The results of the study indicate that in Iranian law, an accident is considered synonymous with force majeure, so long as the legislator makes no distinction in terms of retribution, between the unexpected incident and the force majeure. Therefore, it must be said that the unforeseen events in this law are in fact those caused by the force majeure or the power of the lawmaker, and the legislator, by obliging the insurer and the fund of indemnity damages to compensate for the unforeseen accident and accident. The responsibility is absolute.
JEL Classification : k. k13