نوع مقاله : مقاله پژوهشی
حقوق تجارت بین الملل- دانشکده حقوق- دانشگاه شهید بهشتی- تهران- ایران
عنوان مقاله [English]
Today, the freight forwarding plays a key role in development and stability of international transport of goods and freight forwarders are no longer just agent of cargo owner to manage transport operations, but rather provide wide range of services to customers, including transportation of goods, as a combined transport operator. In Iran, 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 time bar for filing lawsuit against forwarder. Determination of such a short period of time for filing lawsuit shall not only encounter cargo owners with serious difficulties for claiming damages in the event of loss of or damage to the goods, but also raises these 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 Commercial Code? Examination of various international legal documents governing freight forwarding activity indicates the existence of a 9-month period for filing lawsuit against the freight forwarder. Also, imposing time bar requires involvement of the Parliament, and the Supreme Council for Transport Coordination is not competent for taking such an action. Finally, the provision of paragraph 3 of article 21 of the bylaw is in conflict with the provision stated in article 393 of the Commercial Code.