نوع مقاله : علمی - ترویجی
1 استاد تمام و عضو هیئت علمی دانشگاه ولیعصر رفسنجان، رفسنجان، ایران
2 دانشجو دکترای فقه و حقوق خصوصی، دانشگاه خوارزمی، تهران، ایران
عنوان مقاله [English]
Despite the vast benefits of automobiles for transportation industry, it brought various risks to people’s daily life. Against these risks, civil liability contribute guarantee the rights of individuals. Car accident has been one of the most important issues at courts in the last century. This provides necessity legislator intervention in order to reduce damages caused by this phenomenon. In this regard, the civil liability compulsory insurance of owners of land vehicles toward third parties approved in 1968 and the amendment was in 2008. However, unfortunately there are yet defects in this law, for instance when car hasn’t insurance or amount of damage is more than amount that insurance pays, to whom can the injured refer? Owner or driver? There are many viewpoints, but finally the theory will be mentioned which the people that may have land automobiles based on first provision of mentioned law, are four categories: 1- owner; 2- illegal proprietor; 3- legal proprietor who has vehicle for owner profits; 4- legal proprietor who has vehicle for his/her benefit. This theory is better and widely accepted because it is logically more consistent with legal rules.