Civil Liability of Air carrier in Delays

Document Type: Original Article

Authors

1 Department of Law, Faculty of Humanities Science, University of Isfahan, Isfahan, Iran

2 Department of Law, Faculty of Humanities Science, Shiraz University, Shiraz, Iran

Abstract

The civil liability of air carrier can be assessed in international and national levels. However, in international flights, in accordance with Article 19 of the Warsaw and Montreal Conventions," the air carrier is liable for damages caused by delays in the carriage of passengers or cargo". However, none of the conventions has provided a definite definition of delay and has not addressed the issue of what kind of damages could be received for delays. Also, in the national level, the Iranian legislator's position on delays in national flights seems to be under criticism, and it is not clear what regulations are in this regard. Therefore, in principle, we must comply with the general rules. In addition, lack of specific regulations in this area has made it difficult for passengers to demand proper services in a delay. An issue that is clearly against the rights of more and more air passengers. The present paper analyzes the status of Iranian legislator on national flights while analyzing the concept of delays and damages in international jurisprudence and legal doctrine, and provides an appropriate solution in the light of a comparative study.

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