Private Law Research

An Analysis of Concept of "Fortuitous Event" and its Impact in the Compulsory Insurance Act of 2016

Document Type : Research Paper

Author

Mehdi Fallah kharyeki

Assistant Professor of Islamic Azad University, Ayatollah Amoli Branch, Department of Private Law

https://doi.org/10.22054/jplr.2017.20487.1535
Abstract
Section (c) of Article 1 of compulsory insurance act of 2016, put under the law any accident caused by vehicles due to fortuitous events. In legal writings generally fortuitous events considered as force majeure, but this notion of fortuitous events with a lot of compulsory insurance act articles does not seem compatible. Hence, the question arises that "fortuitous events" in the compulsory insurance law, what does it mean and what is its impact?
Review of legal writings show that, according to some French lawyers, Force Majeure and Fortuitous Event (Cas Fortuit), have different meaning but, in the writings of our law, such a conceptual distinction was known verbal argument and both, has studied as Force Majeure in general meaning. However, the use of such distinction between force majeure and fortuitous event is very revealing for unambiguous interpretation of compulsory insurance act of 2016. In order to illustrate the effect of this distinction, in the first part of this article, the concept of fortuitous event in general and specific and deficiencies of application of this concept is analyzed, so that in the second part, concept of fortuitous event and its effect is considered in the compulsory insurance act.
 

Highlights

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Keywords

Fortuitous Event
Force Majeure
Internal Factor
External Factor
Compulsory Insurance Act of 2016

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Tancelin Maurice, Des obligations: actes et responsabilités, (Montréal: Wilson & Lafleur, 6th ed. 1997).
Terre François & Similer Philippe & Lequette Yves, Droit civil; les obligations, (Dalloz, 9th ed. 2005).
Yearbook of the International Law Commission, Force majeure and fortuitous event as circumstances precluding wrongfulness: survey of State practice, international judicial decisions and doctrine Study, prepared by the Secretariat, vol. II, Part One (1978).
 
Private Law Research
Volume 7, Issue 25
Winter 2019
Pages 263-288

Article View 18,069
PDF Download 10,579

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