نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
In situations where two types of liability arise for the purpose of compensation—one originating directly from the wrongful conduct of the individual and the other from the actions of a third party—it is crucial to identify the final liable party and establish the appropriate framework for the liability. This issue becomes even more significant when the compensation is provided by insurance companies (highlighting the importance and necessity of the research). The central question raised is whether, in cases involving a transport operator who has a contractual obligation regarding safety (as a result) in the shipment of goods and is responsible for the actions of both the crew and the driver under contract, if the policyholder is the operator and the insurer covers the damage, the insurer can recoup the compensation from the driver responsible for the accident. Furthermore, whether explicit or implicit terms related to damage mitigation, which may exist between the operator and the driver, are enforceable in a recourse action against the insurer (the research issue). The present article is based on a critical and analytical review of the decision of the Second Legal Branch of the Borujen Court of Justice, by referring to the principles of subrogation, civil liability rules, and dispute resolution procedures, and analyzing case data (research methodology), concludes that subrogation of the insurer from the insured (in property insurance) differs somewhat from the insurer's subrogation from the operator. Even if the policyholder is considered a beneficiary under Article 30 of the Insurance Cod, any implicit or explicit terms that reduce liability or the operator's failure to maintain the actual value of the goods in the contract with the insurer can be invoked, and by observing the conditions of subrogation, all of the driver's defense mechanisms against the operator can also be raised in a recourse action against the claimant (insurer in property insurance).
کلیدواژهها English
