عنوان مقاله [English]
Objective: The main purpose of this article is to examine the validity of the rule of lapse of time in insurance related to vehicles, and lapse of time is considered one of the most important and fundamental institutions of criminal law. After the victory of the Islamic Revolution, the legislature completely copied and deleted it, then, it accepted the lapse of time with limited and restrictive conditions in criminal matters in 1999, and finally, with the approval of the Islamic Penal Code in 1392, it approved the lapse of time in essential rules.
Method: In this research, this issue has been addressed by analytical and descriptive methods.
Findings: Because of the deliberate silence, statistics and evidence in the previous laws, this research seeks to prove the elimination of the passage of time in the new law, and in this regard, it seems that there is a belief in explicit abrogation of this rule and in the legitimacy of the lapse of time And there is disagreement among jurists on the legitimacy of the passage of time.
Conclusion: The results of the research show that the general rule of the lapse of time in the insurance law remains in force and it is necessary to refer to the new law to clarify the validity of this rule regarding the liability insurance of vehicles. In this case, if the new special law has abrogated the general rule of the insurance law (either explicitly or implicitly), the rule of special law prevailing over the former general law must be considered to remove this rule. On the other hand, in case of ambiguity, brevity or pure silence of the legislator in the new law, it will be helpful to cite the insurance law as a general law.
JEL Classification: K12, K41, G22