The Nature and Basis of Compulsory Liability Insurance in Law of Iran

In contrast to increasingly using of liability insurance, but its legal nature is not clear. The justification of this contract' impacts on parties and third parties is possible, only by knowing the nature of the contract. Having distance from general rules of contracts in liability insurance, such as obligation of insurer to be liable for injured third party, even though the insured will be intended, and other cases that are not justifiable by the general rules; it shows that liability insurance has an independent nature. Although, we can speak about third party beneficiary and loss payment caused by insured, but it appears that its nature is ensuring compensation of injured party by virtue of law and in limitation of insurance contract, independent nature that does not comply with third party beneficiary nor remaining of policyholder's assets balance. The secret of this nature is latent in the liability basics of liability insurance contract. If we approve that guarantee of rights is the basis of liability in the field of liabilities covered by policy, then on this argument, complex nature of liability insurance will be justify.