نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری تخصصی حقوق خصوصی،گروه حقوق،واحد کرمانشاه،دانشگاه آزاد اسلامی،کرمانشاه،ایران.
2 استادیار گروه حقوق،واحد کرمانشاه،دانشگاه آزاد اسلامی،کرمانشاه،ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In international conventions such as CMRand internal laws such as Civil law and Trade law, different bases have been considered for the responsibility of the carrier, and this has caused disputes that the legislator in theTrade Law Act2019 by specifying Thebasis of the responsibility of the carrier has put an end to these disputes. The purpose of this article isto determine the basisof the responsibilityof thecarrier according to theCMR convention, theCivil law, Tradelaw and the Trade Law Act2019 todetermine whobears the burden of proof incase of damage.
This article is written with analytical-descriptive research method and using library sources and the resultsof this research show that the basis of the responsibility of the carrier inTradeLawAct2019 is derived from the general ruleof contracts and obligation of carrier is an obligation to achieve a certain result and breach of contract is considered a fault and according to Article112 ofTradeLawAct2019,the legislator has explicitly added “the obligation of security”as a sub-obligation to that basis.Also theTradeLawAct2019,if approved,has considered an independent nature for the transport contract,contrary to theCivil Law andTradeLaw,stated its rulings and effects and withArticle110,theCivilLaw has been implicitly repealed and the transportation contracts that are arranged in theform of rental contracts have been removed from the scope of theCivil Law and it has been covered by its provisions and inArticle111,it is also stated that in the case of silence of theTradeLawAct2019,the provisions of international treaties are enforceable,and in this way,it has clearly bypassed theCivilLaw and tried to consider international treaties and regulations.
کلیدواژه‌ها [English]
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