Jurisprudence and Law
Majid Banaeioskoei
Abstract
The distinction between civil and commercial practices and the identification of commercial activities and transactions have long been the source of many effects that have gradually been accepted in most legal systems in a codified form and also in the form of commercial laws. The book “Commercial ...
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The distinction between civil and commercial practices and the identification of commercial activities and transactions have long been the source of many effects that have gradually been accepted in most legal systems in a codified form and also in the form of commercial laws. The book “Commercial Law”, Volume 1 has been compiled in accordance with the Iranian Commercial Code, stating the basics of commercial law and focusing on the rights and duties of businessmen, and identifying commercial practices for the undergraduate law course. The critique of the present book has been done using the known criteria and characteristics in order to evaluate the book and to identify its strengths and weaknesses in order to promote and improve the research. One of the most important shortcomings of the book is the lack of comprehensiveness of content and the weakness of analytical discussions, which has overshadowed the reasons for compiling the work. Since the book in question is one of the academic books, the need to complete and upgrade it will definitely be useful for both the author and the students. It is hoped that some issues will be modified in future editions.
Jurisprudence and Law
Ahmed Mozafari; Majid Banaeioskoei
Abstract
In October 1929, in Warsaw, the Convention on the Uniformity of Aviation Regulations was signed by the participating countries and entered into force on 13 February 1933, following developments in the field of aviation and the occurrence of deficiencies in the text of the treaty. Twenty-five years later, ...
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In October 1929, in Warsaw, the Convention on the Uniformity of Aviation Regulations was signed by the participating countries and entered into force on 13 February 1933, following developments in the field of aviation and the occurrence of deficiencies in the text of the treaty. Twenty-five years later, the Warsaw Convention was amended on 28 September 1955 in The Hague, and the Protocol entered into force on 1 August 1963, with the most important change being the convention, which doubled the carrier’s liability. In 1975, the Iranian government acceded to the Warsaw Convention and its amended protocols and accepted the implementation of its regulations on foreign flights. In 1985, the Islamic Consultative Assembly considered the provisions of this treaty applicable to domestic flights. Many countries, such as Iran, acceded to the Warsaw Convention and its protocols. In the Iranian law, with the approval of the Law on Determining the Limits of Liability of Airlines in Iran on 5/11/2012, and despite the many criticisms leveled at this law, the amount of liability of domestic companies towards Iranian passengers on domestic flights is equivalent to ransom and what about foreign passengers. In domestic and international flights, it is equal to 16600 Sdr and in front of Iranian passengers in international flights, it is equal to 16600 Sdr. In this article, after presenting the common definitions in aviation law regarding the responsibility of transport operators and stating a history of a set of actions and documents, the principles of liability of the Convention and Iranian law were comparatively studied. The timing of the beginning and end of responsibility is one of the most important and challenging issues, which is discussed in detail in this article. The amount of damages payable is another chapter discussed in this article.
