Document Type : Original Research Paper

Authors

• B. Abbasloo
• M. Karami Ghahi

Department of Private Law, Faculty of Law, Islamic Azad University of Tehran(Central Tehran Branch), Tehran, Iran

Abstract

Nowadays civil liability, insurance and social security are three major partners of the loss compensation system. If damages are recoverable through the civil liability or collateral benefits (insurance and social security) the problem of collecting the sums payable through insurance, social security and the right to indemnity through civil liability system should be considered. There are different policies to apply the issue among which the most reliable one is indemnifying by thr insurer and then referring to tortfeasor under the subrogation principle. It is one of the principles accepted in worldwide legal systems. This principle is infact the principle of indemnity complement. Since most of the losses arising from the civil liability are being compensated through insurance companies, the




implementation of this principle will make the aggrieved party not to receive more than what is suffered and the tortfeasor will pay for his actions. Implementing the principle, all rights and duties of the policyholder will be transmitted to the assignee. At the same time applying this principle will not impose any duty on the insured. The rules governing the principle of succession are not imperative, so any agreement contrary to the principle is acceptable.

Keywords

• Subrogation
• Insured
• Insurer
• Damage
• Compensation