Document Type : Original Research Paper
Authors
Department of Private Law, Faculty of Law and Political Science, Mazandaran University, Babolsar, Iran
Abstract
BACKGROUND AND OBJECTIVES: In order to protect the victims of accidents caused by vehicles and with the aim of speeding up the compensation, in certain cases, the fund for providing bodily damages is responsible for paying bodily damages (Article 21 of the Compulsory Insurance Law for damages caused to third parties due to accidents caused by vehicles Approved 2015). This research has been conducted with the aim of investigating the nature and scope of the order to transfer the insurer's property to the bodily injury fund in case of compensation by the fund acting as a representative of the insurer.
METHODS: The method used in this study is the descriptive-analytical method using library tools.
FINDINGS: The interpretation of the mentioned phrase in Note 1 of Article 22 of the new Compulsory Insurance Law approved in 2015 requires attention to the legal principles and rules and other relevant regulations regarding bankruptcy and the rules governing insurance companies and only focuses on the Compulsory Insurance Law for damages caused to third parties as a result of Accidents caused by vehicles approved in 2015 and related regulations do not provide a correct interpretation.
CONCLUSION: According to the provisions of the Compulsory Insurance Law, in some cases, the Bodily Damage Fund is required to pay bodily damage to victims of vehicle accidents. By interpreting the term "victims", mentioned in Article 22 of the Compulsory Insurance Law approved in 2015, all persons who have been harmed due to the suspension or cancellation of the license of the insurance company or the issuing of a suspension or bankruptcy order, it can be said that third parties and the driver who caused the accident, have the right to refer to They have a fund for physical damages. Note 1 of Article 22 of the Compulsory Insurance Law approved in 2015 stipulates: "The court is obliged to issue a decision to transfer the property and assets of the said insurer up to the amount of the paid amounts and damages to the fund".
There are debates and disagreements about the nature of the fund's right to transfer the property and assets of the insurer to him. It seems that according to this note, after confiscating the property of the relevant insurer according to the general rules, only a bonus is considered for the fund so that it does not enter into the procedures related to the "sale" of the seized property in the execution stage and recover the damage more quickly. Also, according to the texts mentioned in Articles 53 and 60 of the Law on the Establishment of the Central Insurance of Iran and Insurance and Article 58 of the Law on the Liquidation of Bankruptcy Affairs, the assumption of suspension and bankruptcy of the insurance company is a departure from the scope of Note 1 of Article 22, and it is excluded from these cases.
Keywords
Main Subjects
)
Letters to Editor
Send comment about this article