خلاصة:
The principle of indemnity, as one of the most fundamental principles in damage insurance
contract is thematic and has a broader subject area than the concept of damage in civil
liability. This is the principle underlying the two effects: first, due to this principle, the
policy holder is obligated to compensate a damage that has been resulted due to the
occurring a coverage event on the property of the policy holder in the property insurance
and on the people in the insurance of liability. Thus, A defining characteristic of insurance,
providing that a loss payment will replace what is lost, putting the insured back to where it
was financially prior to the loss without rewarding or penalizing the insured for its loss. In
fact, based on this principle, the resulted damage should be compensated totally and ideally.
This is known as “positive aspect.” Secondly, the compensation should not lead to the
increase in the assets of the victim and it should not be turned into a benefit source for the
injured party (the negative aspect). Anyway, although this principle has two different
approaches, positive and negative, applying it requires the judicial precedent rely on the
positive aspect, unless the contrary is approved. This is a binding principle of damage
insurance contracts that insurers are obligated in administering it to compensate the actual
loss (assessed) of the victims according to the contents and conditions of issued policy up to
maximum insurance obligations. In insurance law approved in 1361, legislator has
employed the word “damage” in 15 articles out of 36 articles
(1,7,13,10,14,15,16,19,20,21,22,23,28,29, and 30) indicating that damage is highly
important in insurance law.
ملخص الجهاز:
Legal element 1- estruction in order to deal with the government: "Whoever widely, committed crimes against the physical integrity of persons, offenses against internal or external security, publishing lies, disturbing the country's economic system, burning and destruction, distributing microbial and toxins and dangerous materials or setting up centers of corruption or complicity in them in a way that causes severe disruption of public order, insecurity or major damage to the physical integrity of individuals or public and state-owned properties, or the spread of corruption or prostitution largely, he is considered a corruptor and sentenced to death "(Islamic Penal Law Article 286).
Conclusion The results obtained from the above is that legislator has had a strict view in the field of crime of destruction of public and state-owned properties, one of the cases that the law has criminalized in this area is Article 683 of the Penal Code that based it, any kind of plunder and destruction of properties and goods, commodities that from more than three people to be overcome, if they not recognized as enemy, they will be sentenced to imprisonment from two to five years.