The basis of the collateral source rule of compensation and its application in the insurance system (American and Iranian law)

Articles in Press

Document Type : Research Paper

Authors

1 Master student in private law of Imam Khomeini International University of Qazvin.

2 Associate prof of Imam Khomeini International University of Qazvin.

3 Assistant prof of Imam Khomeini International University of Qazvin.

10.22034/law.2025.60408.3367

Abstract

The appierence of new institutions in order to compensate for injured party about civil liability, the role of the general liability system gradually diminished. The existence of collateral sources such as private and social insurances, Physical Injuries Compensation Fund, charitable institutions, cooperative funds, etc, gradually created the issue of how they should be combined with the agant in order to compensate the injured party. In general, four methods were proposed in order to face and deal with this problem in the world, and the countries laws of the world have chosen each one according to its policies, goals and functions. Applying the collateral source rule of compensation is one of the methods of compensation injured party about civil liability, which was formalized as a general rule in American law nearly two centuries ago and is one of the doctrine principles of common law. Knowing this rule leads us to know what was the reason for creation this method for compensation and on what basis it is based, and in addition, we can identify the application of this method in the insurance system. In this article, while explaining the rule of collateral source, reasoning The rules in favor of the rule in American and Iranian law have been examined and their application has been adapted in certain cases of insurance.

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 26 April 2025

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