نوع مقاله : مقاله ترویجی
1 دکتری حقوق بین الملل محیط زیست، مدرس دانشگاه آزاد اسلامی واحد علوم و تحقیقات تهران، تهران، ایران(نویسنده مسئول)
2 کارشناس ارشد حقوق بین الملل ، دانشکده حقوق، دانشگاه آزاد اسلامی واحد تهران غرب، تهران، ایران
عنوان مقاله [English]
Consequently of air accidents and their causes, the civil liability in order to compensation, as the case may be falls on the airlines, flight sort of or air traffic control units or a group of them. This sort of liability is realized among the act and the damage in the domestic law according to the criteria governing the civil liability, i.e. The occurrence of the harmful act, the incident of the loss and the realization of the causal relationship as well as in transnational regulations relating to aviation accidents based on the legal system of international liability of governments and international organizations. This research, which is prepared and arranged base on analytical-descriptive method, tries to answer this main question that in principle in Iranian and international law, in air accident how airlines, flight crews and units Legal an civil air traffic will be hold accountable? Findings and results of the study indicate thin at both the domestic legal system and international aviation documents and regulations, laws have been enacted in this regard to establish the conditions and framework for the realization of liability and how to compensate. In this regard, civil liability is foreseen in various cases of damage, such as damages to passengers or their belongings, damages caused by the delays of flights time wise, flight cancellations, inability to fly, oversold tickets, violations in providing warnings, moral damages and Etc. In the Code of Civil Liability, the Law on the Limitation of Airlines Liability in Domestic Law and in the Warsaw, Montreal, The Hague, Guatemala and Chicago Conventions in International Law.