Document Type : Original Research Paper

Authors

• S.M.H. Malaekepour Shushtari
• N. Banirashid

Department of Private Law, Faculty of Law and Political Science, Shahid Chamran University of Ahvaz, Ahvaz, Iran

Abstract

According to the article 36 of insurance Act 1316, the actions arising out of insurance, after passing of 2 years from date of “Accident of action’s Provenance” occur, are undercover of laps of time. The limitation that mentioned in this article, as one of the exceptional limitations is valid heretofore and the most significant issue in insurance law. In this article, “actions arising out of insurance” means the action that its document is an insurance contract whether that policy coalesces between the parties of litigation or it coalesces between the insurer and another party that is third to that action. But Determining “Accident of action’s Provenance requires attention to the type of insurance, request and parties of action.  
In this article, legislator only determines the limitation time and start of actions arising out of insurance mere and didn't determine other conditions and rules. In this case, the general rules of French Insurance Law that is the source of Iranian insurance law should be followed, not the code of civil procedure 1318 that was abolish with code of general and revolution courts civil procedure 1379.

Keywords

• Article 36 of insurance act 1316
• Actions arising out of insurance
• Accident of action’s provenance
• Limitation
• Insurance law