Comparative Law Review

Comparative Law Review

The Role of External causes in Civil Liability of Motorized Vehicle AccidentsAccording to the Latest Legal Developments (A Comparative Study in Iran and Franc law)

Document Type : Research Paper

Authors
Sayyed Mohammad Mahdi Qabuli Dorafshan 1
Vahid Rezadoost 2
1 Assistant Professor of Department Law in Ferdowsi University of Mashhad, Mashhad, Iran
2 Law Student in Ferdowsi University of Mashhad, Mashhad, Iran
10.22059/jcl.2012.32107
Abstract
Based on a general rule in civil liability, external causes limits or excludes the liability of defendant. However, the question is that whether it is possible to applied the general rule when there are compulsory liability insurances? This paper is intended to study the subject-matter regarding traffic accidents (as one of the anticipated cases of compulsory insurances) in Iranian and French legal system. It seems there are some subscriptions and segregations in this context between these two legal systems. In French legal system, regarding to 5 July 1985 Act, basically, relying on Force Majeure in the specific meaning of the word and third-party action, by the defendant is not possible. While relying on fault of the injured party in some cases is possible and in others is impossible. In Iran legal system, it seems regarding to new legal developments, the general rule cannot be applied for the external causes in all cases.
Keywords
External Cause. Force Majeure. Third-Party Action. Fault of Injured Party. Traffic Accidents