Civil Liability Basics of the Owners of Ground Motor Vehicles
Journal Title: Journal of Science and today’s world - Year 2014, Vol 3, Issue 8
Abstract
In the past, there were different viewpoints about the issue of civil liability and the compensation of the occurred damages as some of them did not considered seriously the rights of the injured persons or the compensation of the damage was left in suspense or they participated the person in order to use the public benefits by justifying a motivation for that damage. But these days, these viewpoints in contrast to the modern thoughts were eliminated and the general belief is that any damage must be compensated. In this regard, there are various viewpoints about the civil liability basics of the owners of ground motor vehicles as the most important ones are Res Ipsa Loquitur and objective responsibility/liability. In the traffic accidents, the trend of social and industrial developments affected significantly the acceptance of the theory of risk – based liability and objective responsibility. In addition, since the Islamic jurisprudence introduced a basis means the objective responsibility/liability except theory of fault and also by observing that the rules of Iran based on the 4th principle of the Constitutional Law of Islamic Republic of Iran must be compatible with the Islamic Rights, the basis of civil liability of the owners of motor vehicles is the objective responsibility/liability.
Authors and Affiliations
Ghafour Khoeini, Reza Aghaabbasi
Keywords
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