Abstract:
According to the Iranian law, the International Conventions should be passed by Iranian Parliament (Majlis) and then confirmed by the Guardian Council for ensuring that they are constitutional and in conformity with Islamic rules.The Montreal Convention for the Unification of Certain Rules for International Carriage by Air is a significant advance over the Warsaw system. In this article, we discuss whether the new changes made in Montreal Convention are in compliance with the Iranian laws as well as Islamic regulations. Some important issues for developing countries are introduced with a view to determine the legal aspects for Iran to ratify the Montreal Convention.By examining the Warsaw Convention, that Iran has been acceded to, and the Montreal Convention, we conclude that the new issues of the Montreal Convention are in compliance with Iranian and Islamic rules and regulations.
Machine summary:
Legal Aspects for Iran to Ratify the Montreal Convention for the Unification of Certain Rules for International Carriage by Air Mansour Jabbari 1, Ebrahim Shoarian2 Received: 13/6/2009 Accepted: 31/1/2011 Abstract According to the Iranian law, the International Conventions should be passed by Iranian Parliament (Majlis) and then confirmed by the Guardian Council for ensuring that they are constitutional and in conformity with Islamic rules.
Associate Professor, Department of Law, Faculty of Humanities & Social Sciences, Tabriz University Introduction The Islamic Republic has ratified the Convention for the Unification of Certain Rules Relating to International Carriage by Air (known as the 1929 Warsaw Convention), which established between member states a uniform liability framework for air carriers.
1. The Montreal Convention Adopted Strict Liability Under the Warsaw Convention, an air carrier is presumed to be at fault once the damages occur to a passenger or his/her baggage.
Strict Liability in Iranian and Islamic Laws According to general rules (Articles 50, 493, 516,556,577,584 and 640 of Civil Code of Iran), individuals are bound to compensate losses incurred to others, when they commit a fault, but in exceptional cases, for example, when a contract existed between the parties, they can agree on the kind of responsibility regardless of fault (Article 642 of Civil Code of Iran).
Therefore, as a general rule, in various cases, both Islamic and Iranian law have accepted strict liability and it can be extended to the carriage of passengers and goods by air.