نقدی بر مرور زمان طرح دعوی علیه بارفرابر در نظام حقوقی ایران از منظر اسناد حقوقی بین‌المللی

Today, freight forwarding plays a key role in the development and stability of international transport of goods and freight forwarders are no longer just agents of cargo owners to manage transport operations, but rather provide a wide range of services to customers, including transportation of goods, as a combined transport operator. In Iran, the Supreme Council for Transport Coordination approved a bylaw entitled "Establishment and Operation of International Transport Companies" in 2017, in which paragraph 3 of Article 21 sets 90 days as a time bar for filing a lawsuit against a forwarder. Determination of such a short period for filing a lawsuit shall not only encounter cargo owners with serious difficulties in claiming damages in the event of loss of or damage to the goods but also raises serious questions that is such a rule in line with the rules accepted in international legal documents, including FIATA Model Rules for Freight Forwarding Services? is Supreme Council for Transport Coordination legally allowed to impose such a time bar? Is this rule valid despite Article 393 of the Commercial Code? Examination of various international legal documents governing freight forwarding activity indicates the existence of 9 months for filing a lawsuit against the freight forwarder. Also, imposing a time bar requires the involvement of the Parliament, and the Supreme Council for Transport Coordination is not competent to take such an action. Finally, the provision of paragraph 3 of article 21 of the bylaw conflicts with the provision stated in article 393 of the Commercial Code.
Today, freight forwarding plays a key role in the development and stability of international transport of goods and freight forwarders are no longer just agents of cargo owners to manage transport operations, but rather provide a wide range of services to customers, including transportation of goods, as a combined transport operator. In Iran, the Supreme Council for Transport Coordination approved a bylaw entitled "Establishment and Operation of International Transport Companies" in 2017, in which paragraph 3 of Article 21 sets 90 days as a time bar for filing a lawsuit against a forwarder. Determination of such a short period for filing a lawsuit shall not only encounter cargo owners with serious difficulties in claiming damages in the event of loss of or damage to the goods but also raises serious questions that is such a rule in line with the rules accepted in international legal documents, including FIATA Model Rules for Freight Forwarding Services? is Supreme Council for Transport Coordination legally allowed to impose such a time bar? Is this rule valid despite Article 393 of the Commercial Code? Examination of various international legal documents governing freight forwarding activity indicates the existence of 9 months for filing a lawsuit against the freight forwarder. Also, imposing a time bar requires the involvement of the Parliament, and the Supreme Council for Transport Coordination is not competent to take such an action. Finally, the provision of paragraph 3 of article 21 of the bylaw conflicts with the provision stated in article 393 of the Commercial Code.