Civil Liability Insurance Claims In Iraqi and Iranian Law

Abstract

This research examines civil liability insurance claims In Iraqi and Iranian law by analysing their legal nature, types, parties, and procedural and substantive effects. The central problem lies in the composite legal character of such claims, which combine the rules of civil liability determining whether the insured is liable to compensate the injured party with the rules of insurance determining the insurer’s obligation to bear that financial burden within the limits of the policy or the law. The research also addresses the legal position of the injured third party, the extent of that party’s right to bring a direct action against the insurer, and the limits within which policy terms and exclusions may be invoked against the injured party. The study adopts descriptive, analytical, and comparative methods through an examination of the relevant Iraqi provisions, particularly Iraqi Civil Code No. 40 of 1951 and Compulsory Motor Vehicle Accident Insurance Law No. 52 of 1980, and a comparison with the relevant Iranian provisions, particularly the Insurance Act of 1316 SH, the Civil Liability Act of 1339 SH, and the Compulsory Insurance Act for Third-Party Losses Arising from Motor Vehicle Accidents of 1395 SH. The research concludes that civil liability insurance claims perform a dual function: they facilitate more effective compensation for the injured party while preserving the insurer’s liability within the agreed or statutory scope of coverage. It further finds that both legal systems recognise the importance of direct actions, recourse, and subrogation, although they differ in the clarity of the statutory rules governing the injured party’s legal position and in the rules relating to settlement, limitation periods, and procedural time requirements.