Review of Convention on Compensation for Damage Caused by Aircraft to Third Parties 2009

Document Type : Original Article

Authors

1 Law faculty , Tehran University , Alborz campus

2 Law & Politics faculty, Tehran University

Abstract

At first CITEJA on 1933, then ICAO on 1952, 1978 and at last on 2009 adopted the CONVENTION COMPENSATION FOR DAMAGE CAUSE D BY AIRCRAFT TO THIRD PARTIES (Convention on General Risks ) for unification of aviation regulation for damages caused by aircraft in international flights. We try to express the bases, conditions, advantages and disadvantages of convention on General Risk 2009. Actually evaluation of accession to that convention, and also review of that is significant. Liability in Convention at the first step is based on Negligence (Fatal based), and in absence of negligence, is based on Strict liability. Iran does not have a special law and regulation, and judgments of Iranian courts is based on civil (Tort) and criminal laws of that, but regarding to Convention on General Risks is notable, If the operator approves that the damage was not due to its negligence or other wrongful act or omission or that of its servants or agents; or was solely due to the negligence or other wrongful act or omission of another person, the compensation will be limited, but in otherwise operator should base on dissipation and strict liability compensate completely.

Keywords

Files

Share

How to cite

Statistics