Document Type : Original Research Paper

Authors

• R. Maboudi Neishabouri
• M. Haddad Khodaparast

Department of Private Law, Ferdowsi University of Mashhad, Khorasan, Iran

Abstract

Considering the growing number of accidents in our country, it is very important to examine the basis of the civil responsibility of the owner of a motor vehicle. Both during the rule of the old law and now, there is a difference of opinion among jurists regarding the basis of responsibility. This difference of opinion is in the current situation where Article 1 of the Compulsory Insurance Law only mentions the duty of the owner to insure his vehicle and does not mention his civil liability, and also considering the exclusion of insurance coverage in the assumption of the occurrence of Cairo power in Article 7 of the new law. It is more noticeable. Considering the goal of the legislator in the new law, which is more protection for the victims, and Article 26 of the law on dealing with driving violations, it can be said that in the new law, considering the dangers that the use of vehicles has caused for the people, the basis of the responsibility of the holder is absolute responsibility. is, although unfortunately the jurisprudence still follows the traditional theory of fault. The method of this research is logical-analytical and the library method was used to collect information.

Keywords

• Holder
• Vehicle
• Foundation of Civil Liability
• Compulsory Insurance Code
• Risk Theory