Document Type : Research Paper
Authors
1
Master's Degree Student in Private Law, Imam Khomeini International University, Qazvin, Iran
2
Associate Professor, Department of Law, Imam Khomeini International University, Qazvin, Iran
3
Assistant Professor, Department of Law, Imam Khomeini International University, Qazvin, Iran
10.22034/law.2025.60408.3367
Abstract
With the appearance of new institutions to compensate injured parties for 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 agent to compensate the injured party. In general, four methods were proposed 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 for 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 the creation of this compensation method 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
)