Comparative Study of the Insurer's Subrogation Principle in Iranian and British Law

The main purpose of this study is to investigate the basics of the insurerchr('39')s subrogation principle in Iranian law and its application to British law. This research is done by document review of sources. Insurance contract has basic principles that are less applicable in other contracts due to its special features. Among these principles, we can mention the principle of good faith, the principle of compensation, the principle of prohibition of double benefit, the principle of deputy and the principle of representation. However, the subrogation Principle is one of the most important and practical principles governing indemnity insurance; the legal basis of this principle is rooted in Article 30 of the Insurance Law of 1316, which stipulates: The insurer to the extent that the damage is accepted or pays to the persons responsible for the occurrence of the accident or damage, becomes the representative of the insurer and if the insured takes action that is contrary to the said contract is held liable to the insurer. The legal nature of insurerchr('39')s subrogation principle is a kind of personal successor that results from the payment of another debt. As can be seen, the mentioned Article is vague and general. In English law, the doctrine of subrogation is based on the rule of justice. The purpose of the Subrogation Principle in UK law is to prevent overpayment to the insurer in order to prevent it from being undue possession.