A Comparative Study of the Principle of the Insurer's Deputy in Insurance Law of Iran and France

The principle of succession is in fact the issue of the insurer referring to the cause of the loss, after the payment of compensation by the insurer, which is one of the basic issues in insurance law. In most of the legal systems of the world, the insurer, after compensating the loss, files a vertical lawsuit to claim damages from the cause of the loss. The principle of succession has been chosen as the basis for the insurer's recourse due to the payment of French insurance law as well as Iranian insurance law, because there is a strong connection between the compensation of payments and the principle of succession; Any payment of compensation by the insurer is followed by his deputy.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

It can be said that Iranian civil law, unlike French civil law, has not explicitly recognized a paid successor; Because the issue of the deputy due to payment is rooted in the law of France and there is no trace of it in the law of Iran. Therefore, it may be inferred that it is impossible in Iranian law to accept the right of recourse of the insurer on the basis of succession due to the payment of compensation.

In discussing the nature of the insurer's recourse, some, in addition to the litigant's lawsuit, have spoken of the insurer's direct litigation; And some others have considered it as a dispute over the payment of another religion and a group in the ranks of the deputy