Volume 20, Issue 4 (2016)
CLR 2016, 20(4): 133-163 |
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Mohammadi M, Abdali M, Akbarineh P. Tortious Liability Arising from Ownership or Possession of Vehicle in Iranian and French Law. CLR 2016; 20 (4) :133-163
URL: http://clr.modares.ac.ir/article-20-4152-en.html
URL: http://clr.modares.ac.ir/article-20-4152-en.html
1- 1. Ph.D student, Law Department, Islamic Azad University, Tabriz, Tabriz, Iran
2- 2. Associate professor, Department, Imam Khomeini International University, Qazvin, Iran
3- 3. Assistant professor, Law Department, Islamic Azad University, Ahar, Tabriz, Iran
2- 2. Associate professor, Department, Imam Khomeini International University, Qazvin, Iran
3- 3. Assistant professor, Law Department, Islamic Azad University, Ahar, Tabriz, Iran
Abstract: (9954 Views)
Whenever a person is the owner or possession guard of a vehicle in terms of the relation with that vehicle and that vehicle is damaged, he is liabile to compensate it.
In Iran law, according to the law of civil liabilityfault is the basis of civil liability. The liabile of the motor vehicle owner has the obligation to get compulsory third party insurance, and in French law, has the objective liability that is not failed even with the act of God. In case of non-engine vehicles, the owner would be liabile after the fault is proved; however, in France law, the fault goes to the guard of these vehicles. In case of water vehicles, Iran's maritime law points to the necessity of owner’s fault as a liabile. In January 1967, the Law 3 of France emphasized on the non-supposability of the ship owner’s fault. In case of aerial transportation vehicles, the existing laws point to the necessity of owner’s fault as a liabile. In French law, the liability of the aerial transportation vehicle is of typical, and is not canceled even by proving the compulsory accidents.
In Iran law, according to the law of civil liabilityfault is the basis of civil liability. The liabile of the motor vehicle owner has the obligation to get compulsory third party insurance, and in French law, has the objective liability that is not failed even with the act of God. In case of non-engine vehicles, the owner would be liabile after the fault is proved; however, in France law, the fault goes to the guard of these vehicles. In case of water vehicles, Iran's maritime law points to the necessity of owner’s fault as a liabile. In January 1967, the Law 3 of France emphasized on the non-supposability of the ship owner’s fault. In case of aerial transportation vehicles, the existing laws point to the necessity of owner’s fault as a liabile. In French law, the liability of the aerial transportation vehicle is of typical, and is not canceled even by proving the compulsory accidents.
Received: 2016/08/2 | Accepted: 2017/01/25 | Published: 2017/02/19
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