Cases of Exemption of Maritime Transport Operators from Civil Liability in the Iranian Legal System and International Regulations

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Hamid Kamel; Safari Sajjad

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Seminar Paper

Paper Information

Seminar: INTERNATIONAL CONFERENCE ON JURISPRUDENCE, LAW AND RELIGIOUS RESEARCH
Year:2022 | Issue:5

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Title

Cases of Exemption of Maritime Transport Operators from Civil Liability in the Iranian Legal System and International Regulations

Author(s)

Hamid Kamel | Safari Sajjad

Keywords

maritime transport

maritime transport operators

maritime law

civil liability

civil liability exemption

Abstract

In maritime transport, unlike land and air transport, the type and basis of liability are disputed among jurists,Some jurists agree with this basis in accordance with the Iranian Commercial Code and other regulations (assuming the responsibility of the carrier) and others assume the fault of the carrier with the characteristic that if the carrier in the cargo (Commodity) has committed an offense, he is not responsible and otherwise he is not responsible (it seems that the basis of this opinion is the subject of the Brussels Convention in this regard). In Iranian maritime law, it seems that the opposite condition is accepted (in reducing or removing the crew member) unless the crew has not prepared the ship for navigation in time, or the necessary equipment and staff are not equipped, or warehouses and other parts of the ship that They are used to transport goods that are not ready to be transported, in which case it is the fault of the person in charge. In this article, which has been compiled in a library method, with a comparative approach (in Iranian trade law and international documents related to maritime transport), we will be in a position to examine the aspects of exemption from civil liability of maritime transport operators, which we will see at the end. Regardless of the basis and nature of the liability of maritime transport operators, this group of trade representatives can invoke certain aspects of the exemption, which are also mentioned in international instruments and regulations, to relieve liability.

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APA: Copy

Hamid, Kamel, & Safari, Sajjad. (2022). Cases of Exemption of Maritime Transport Operators from Civil Liability in the Iranian Legal System and International Regulations. INTERNATIONAL CONFERENCE ON JURISPRUDENCE, LAW AND RELIGIOUS RESEARCH. SID. https://sid.ir/paper/996114/en

Vancouver: Copy

Hamid Kamel, Safari Sajjad. Cases of Exemption of Maritime Transport Operators from Civil Liability in the Iranian Legal System and International Regulations. 2022. Available from: https://sid.ir/paper/996114/en

IEEE: Copy

Kamel Hamid, and Sajjad Safari, “Cases of Exemption of Maritime Transport Operators from Civil Liability in the Iranian Legal System and International Regulations,” presented at the INTERNATIONAL CONFERENCE ON JURISPRUDENCE, LAW AND RELIGIOUS RESEARCH. 2022, [Online]. Available: https://sid.ir/paper/996114/en

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