Examining the jurisprudential rule of tasbib in creating a guarantee for third parties in vehicle accidents

Subject Areas :

ramez abedi ¹ , parvin akbarine ² , Ali gharibe ³

1 - PhD Student, Department of Private Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran, Email: [e-mail]
2 - Assistant Professor of Law, Ahar Branch, Islamic Azad University, Ahar, Iran , Email: [e-mail]
3 - Retired Assistant Professor, Department of Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran, Email: [e-mail]

Received: 2021-11-06 Accepted : 2023-01-28 Published : 2022-11-22

Keywords: cause, liability, third parties, traffic accidents, vehicles,

Abstract :

In traffic accidents , liability is attributed to the person who is directly involved in the chain of legal acts , and is the perpetrator of the offence ( recklessness, negligence, lack of skills , and failure to observe governmental rules) according to the doctrine of fault ( with certain exceptions) . There are no provisions in Iranian Law for civil liability of third parties(owner, possessor, contractor , etc. ) who provides the vehicle to a person without a driving license . However , civil liability for such persons is expected according to the religious principle of "causation ,” which follows the sequence of other causes . In other words , although these persons were not directly involved in the accident, their action in “providing the vehicle” is a prelude and cause for the act . This article will evaluate such a cause in a sequence of other causes according to the religious principle of causation.The result of the present research shows that basically third parties (owners, occupiers, employers, dependents, etc.) are responsible for the occurrence of an accident and, accordingly, they are responsible for compensating for the damage caused by the legal and jurisprudential basis and as a cause during the causes. It is an accident.