a jurisprudence and legal survey of claiming damages exceeding wergild (diyeh) in mandatory insurance law

a jurisprudence and legal survey of claiming damages exceeding wergild (diyeh) in mandatory insurance law   mehdi gaemi [1] hormoz asadi kuh bad [2]   abstract the basis of possibility of claiming damages surplus to wergild under mandatory insurance law is one of the important topics investigated in the current article. it is neither purely permitted nor purely an issue of damage payment, but rather combination of both. the solution for claiming damage exceeding diyeh is not summarized in its proving nature. whatever interpretation applies to its nature, the current research is not the basis and perliminary justification for substantiation of authority theory, but rather the exceeding damage to diyeh can be investigated on the basis of other significant and definite characters as tasbib and la zarrar gaedeh (causality and non-losses maxims). the documentary rule for claiming damages exceeding wergild is the subject of article 10 of mandatory insurance rule generally being referred. the end of clause 2, article 4 of the law damages surplus to diyeh considers the determined amounts by the courts as the insurance events and is claimable. concerning the criterion of claiming damages surplus to diyeh under mandatory insurance law, it should be noted that it is permitted legally. and it is not solely based on the sovereignty volition contract. hence, the subject has been studied on the basis of descriptive and library data collection methods.                                                     key words: wergild (diyeh), mandatory insurance law, claiming damages surplus to diyeh, tasbib (causality), la zarrar (non-losses)     [1] . the corresponding author, law department, at iau, khorasgan branch, isfahan, iran. [2] . law department, at iau, khorasgan branch, isfahan, iran.