Legal, political status of risk in liability for damages in insurance

Document Type : Original Article

Authors

1 PhD Student in Private Law, Payame Noor University

2 Professor of Private Law, Payame Noor University

3 professor of private law. payame noor university

Abstract

The insurance industry of the country, as one of the important economic arms, with the aim of spreading insurance culture in society, advancing trade and expanding trade, creating savings and preserving national capital and establishing social security, practically began its activities in 1314. Governments are also responsible for ensuring that individuals receive the services they need and must protect them from the risk of using such services. In this regard, a special look at the risk in the matter of insurance ultimately leads to financial losses, but can any person who applies for insurance legally accept the possible losses, even if he wishes?

Basically, it can be said that each human being can take risks for certain matters in different categories and at any stage of their life, even if they are ultimately harmed, and this damage can even lead to life-threatening injuries. From the point of view of the law, there is no obstacle. Since insurance requires the agreement of the parties and a group of members of the society, as the case may be, compulsory insurance is somewhat contradictory to the word risk and cannot be combined, because risk in any matter depends on the risk taker. He is the one who better discerns his own expediency whether to accept the risk or not, while in the category of compulsory insurance, the insured person is deprived of this authority and must accept compulsory insurance under certain rules and conditions.

Keywords

Political Sociology of Iran
Volume 5, Issue 3
June 2022
Pages 451-475

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