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

• Main Author: Mehdi Fallah kharyeki
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2019-01-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
• Subjects: fortuitous event force majeure internal factor external factor compulsory insurance act of 2016
• Online Access: http://jplr.atu.ac.ir/article_9488_d89e425fc9412ae27515bb29cd8721b6.pdf

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.