نوع مقاله : مقاله پژوهشی
نویسندگان
1 رئیس دانشکده حقوق دانشگاه تربیت مدرس، تهران، ایران
2 دانشجوی دکتری، دانشکده حقوق دانشگاه تربیت مدرس، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In this paper, the basics of civil liability of operators of transport terminals in convention of 1991 of United Nation and Iran maritime laws have been studied and compared. First, it has been specified that the basis of operator liability in mentioned convention is "presumption of fault" and in Iran maritime laws, it is presumption of liability". If in both regulations on subject investigation, the loser it not necessitated to prove the guilt of operator, but just by proving prejudicing and lose the liability and guilt of operator of terminal as legal assumption is assumed and thus, his liability in compensation of loss is proved. Moreover, in losses due to unknown reasons, the utilizer cannot release from liability since for exemption, he should prove the cause of loss and it’ s non- attribute ability to him despite the assumption of guilt. In following, the legal nature of commitment of transport operator is based on safe delivery of product and it is specified that in 1991 convention, the commitment of operator is obligation of means and object and in Iran law, it is obligation of result. At the end of this paper, the liability of terminal operator due to vicarious liability (his representatives or agents) and the basis of these liabilities have been studied.
کلیدواژهها [English]
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