مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Information Journal Paper

Title

Providing solutionto teduce the responsibilities of the maritime transport operator in the faceof the evidens of fault

Pages

  42-58

Abstract

 Maritime transportation is one of the most important topics of maritime law, and in this topic, the most important category is the responsibility and exemption of the transport operator. The main purpose of this article is to present a solution to reduce the responsibility of the maritime transport operator in the face of the evidence of fault. The present research was carried out using a descriptive-analytical method. The method of collecting information is the library method and for collecting information laws, books, theses, theses, articles, databases (domestic and foreign) and other paper and digital sources have been used. In this article, some key questions regarding the damage caused to the goods in sea transportation and the responsibility of the carrier have been examined. First, in case of cargo loss in sea transportation, who is responsible for compensation? Second, is the sea transport operator responsible for compensation? In this case, is his responsibility based on evidence of fault or Presumption of Fault? Thirdly, what are the cases of exemption of the sea transport operator, i.e. the exceptional cases in which the transport operator is exempt from responsibility? And what are the solutions to reduce the liability of the sea transport operator in the face of the Presumption of Fault? In order to answer the mentioned questions, while stating the definitions and basics of the carrier's responsibilities and exemptions, he examined and explained the basics of the carrier's responsibility in the international conventions governing the maritime transportation of goods, civil rights, trade laws, and maritime laws of Iran. and the responsibilities and exemptions of the sea transport operator have been stated. In the end, it was concluded that regardless of the basis and nature of the responsibility of the maritime transport operator, he can be exempted from the responsibility by referring to some exemptions that are mentioned in international conventions and regulations and domestic laws. be freed In this context, solutions have been presented to reduce The responsibility of the sea transport operator in the face of the evidence of fault. Key words: transportation, maritime transportation, responsibility of the maritime transportation operator, cases of exemption and limitation of the responsibility of the maritime transportation operator, proof of fault

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