A Survey on obligatory insurance for the land motor vehicles against the third person*

The first automobile entered Iran in the time of mozaffareddin shah in the year 1275 of the Islamic solar calendar. Like other parts of the world, Use of automobiles spread rapidly. certain regulations, although brief, were developed concerning driving accidents in the first volume of The Iranian civil cod which was passed in 1307. these regulations were Based on ‘‘objective responsibility’’ which constituted the basis of the Civil code with regard to civil responsibility.In 1339, the law of civil responsibility was passed and introduced the Theory of ‘‘tort’’ to our legal lexicon. In 1347, the law of ‘‘ obligatory Insurance for land motor vehicles’’ was passed and founded the responsibility of the owners of land motor vehicles on the basis of ‘‘objective responsibility ’’. It required the owners of such vehicles to Insure their responsibility against the third person. the proponents of The tort theory tried to explain that law also based on the tort theory. However, their effort was fruitless.In 1386, the Law of amendment to the ‘‘obligatory insurance’’ was Submitted to the Islamic consultative Assembly (Iranian parliament). The initial proposal of that law contained conflict; its first article and Some other articles were based on objective while others relied on the responsibility, based on tort. As a result of certain measures taken With the assistance of the esteemed Guardian Council, this conflict Was resolved and the said law was passed based on the objective responsibility, which is needed by the risk – ridden society of today. Now it can be claimed that the responsibility based on the tort theory No longer occupies an important place in our law. There are some useful innovations in amendment to the law of obligatory insurance Such as attention to the ‘‘collective responsibility’’, which is deeply rooted in our Islamic law.