Document Type : Original Research Paper

Authors

• A. Lotfi ¹
• Y. Gholami ²
• M. Kasi ³

¹ Department of Fiqh and Fundamentals of Islamic Law, Faculty of Humanities, Imam Khomeini International University, Qazvin, Iran

² Department of jurisprudence and private law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran

³ Department of Judicial Registration and Management, Faculty of Judicial Registration and Management, University of Judicial Sciences and Administrative Services, Tehran, Iran

Abstract

Regardless of the possibility of resorting to the general provisions of civil liability by the injured person at work for redressing damages, nowadays a supporting entity called “Social Security” is established for an easier redressing all around the world. Referring to the above-mentiened entity which is nourished by the country public funding sources and paid premium is a safer way for the injured person to achieve his/her right faster and easier. In the legal systems, different methods to receive the differences in payments from the main responsible of loss have been predicted, and in our legal system, in article 66 of the social security code (enacted in 1976) the manner of benefits refunding is accepted by the main legislator. Therefore, social security entity refers to the main responsible for loss on behalf of the injured person. In this paper our purpose is to discuss about the condition and the qualification of  the right of return. In addition, based on the employee or employer fault, different assumptions exist, which affect the right of return, but the legislator preferred to keep silent in this regard. At the end, whether limitation or exclusion clauses of liability has any effect on the right of return or not will be answered.

Keywords

• Ayant cause
• Civil liablility
• Fault
• Right of return condition
• Social security insurance