Studying the Basis for Civil Liability of Motorized Vehicles and Its Limits, with an Emphasis on Jurisprudence

In the past, there were different views and ideas about civil liability and compensation, therefore there might have been some negligence towards the rights of injured parties; that or the compensation might have been left unsaid, or with justifying the incentives of causing injury the injured person would be included in beneficiaries of public interests. Facing new ideas, nowadays these views have faded and general belief is that no harm should be left uncompensated In this regardthere are various theories about the basis of the responsibility of the owner of vehicle. Two of them are more prominent: presumption of fault and strict liability. In car accidents, industrial and social developments have raised the acceptance of strict liability. In addition, Islamic Jurisprudence has chosen a different basis, which is strict liability rather than fault assumption more than a thousand years ago. Having in mind the forth principle of Iran' s constitution which states all laws and regulations must be based on Islamic Law criteria; here the absolute liability theory is preferred.