عنوان مقاله [English]
نویسندگان [English]چکیده [English]
Due to the increasing number of accidents in Iran, the study of foundation of civil liability of motor vehicle holders is very significant. Both during the enforcement of the old Compulsory Insurance Code and at the present time, there are many disagreements about the foundation of such liabilities among lawyers. The diversity of opinions is more apparent at the present time because article 1 of the new Compulsory Insurance Code just mentions the duty of holder to insure vehicle, whereas, the article 7 of the new Code eliminates the exclusion of insurance coverage in cases of force majeure. Since the purpose of the new Code is protecting victims of accidents and according to the article 26 of the Investigation of Driving Offenses Code, it can be argued that in the new Code, the foundation of holder's liability is the absolute liability. However, the judicial procedure unfortunately follows traditional theory of negligence.