Document Type : Original Research Paper
Authors
Department of Private Law, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran
Abstract
BACKGROUND AND OBJECTIVES: The fundamental differences between the characteristics of the penal system and the civil one have led to the formation of clear boundaries between criminal and civil law; But the independence of these two branches of law is not absolute in all areas. Criminal claims for damages, which are formed in the shadow of the insurance system, have freed themselves from the monopoly of criminal rules and have maintained the tendency to be related to civil lawsuits for damages. Identifying this link requires an analysis of the purpose, nature and legislative and judicial approach to these claims, which is discussed in this research.
METHODS: The method used in this research is descriptive-analytical method and the decisions in the judicial procedure have been used as study documents.
FINDINGS: The penal system has established its main position through punishment and rehabilitation, but the idea of compensation has formed the main foundation of the civil system. The difference in the goals of these two systems has made the nature and special rules of criminal and civil lawsuits surround and influence the Judge's views and thoughts of each area to infer responsibility. However, accepting the absolute independence of civil and criminal compensation claims in the insurance system causes the breakdown of the order of the general rules of responsibility in this field of compensation. In addition to the ability to extract the purpose and nature of the unit from both types of litigation, finding the single effects and rulings to identify the insurer's liability in civil and criminal litigation is not against the rule. The resources of the trial and the guarantee of enforcement of both areas are also based on a single system, the main theory of which is the rapid and complete compensation of damages in a trial.
CONCLUSION: Finding a unit purpose and nature in civil and criminal lawsuits in the insurance system provides the possibility of sharing rules and identifying a single basis for liability. The slight difference in the procedure of the civil and criminal authorities is because of their special spirit. The privacy of the nature of the lawsuit and the dominance of the purpose of compensation in both lawsuits lead to the inference of a Joint performance guarantee, and the theory of correlation between civil and criminal lawsuits in the insurance system replaces its fundamental distinction.
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