Compensation for natural disasters based on collective civil liability (Analytical study of the law establishing the general natural disaster insurance fund approved on 8/5/1399)

Document Type : Original Article

Authors

1 Department of Law, Payam Noor University, Tehran, Iran.

2 Payam Noor University assistant professor

Abstract

Natural disasters are harmful. The damage caused by it is such that it puts many people in a catastrophic situation. The government, due to limited resources, cannot be responsible for all damages and compensate them, and its intervention is more restorative than compensation. Considering the vast and rapid developments in the political and legal opinions of societies as well as in economy and technology; And considering the variety of damages that can be claimed, the traditional civil responsibility elements cannot be responsible for such damages, and the solution is to distribute the costs of compensation to the victims of these accidents in the society. In fact, by accepting collective responsibility and creating a suitable mechanism, the insurance industry can be brought back to compensate for the damage. The law establishing the General Natural Disaster Insurance Fund approved on 8/5/2013 was inspired by this theory and is considered a progressive law in its own right, but because it focuses on residential units and under certain conditions, it is non-residential and neglects the coverage of movable property and life damages. and in addition, its insurance mechanism is facing serious problems; It seems that the law needs to be amended and completed to include both employees, merchants, hoteliers and tenants, and to cover other damages such as physical damage.

Keywords

Political Sociology of Iran
Volume 5, Issue 6
August 2022
Pages 1968-1981

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