Volume 5, Issue 4 (2001)                   CLR 2001, 5(4): 21-35 | Back to browse issues page

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Issaei Tafreshi M, Kamyar M R. The Basis of Liability's Carrier in the International multimodal Transportation of Goods Convention and Comperate with Iranain Law. CLR. 2001; 5 (4) :21-35
URL: http://clr.modares.ac.ir/article-20-8319-en.html
1- Assistant Profesor, Tarbiat Modarres University
2- Ph. D student of Private Law. Tarbiat Modarres University
Abstract:   (11087 Views)
Mohammad Issaei Tafreshi Assistant Professor, Department of Law, Tarbiat Modares University Mohammad Reza Kamyar Ph.D. Student in Private Law, Tarbiat Modares University This article has studied and comprated the basic of liability's carrier in 1980 United Nations Convention on multimodal transportation and Iranian Law. 1t shows that the basic of the liability is fault of multimodal transport operator, in both of Iranian Law and the Convention. In both of regulations it doesn't require to prove the fault by plaintiff, if he proves the loss or damage to the goods, fault of multi modal transport operator will presume as a legal presumption and then he will be response. NOw it is the carrier who must prove his exemption. In further, the article has studied the Legal essence of obligation of multimodal transport operator to carriage of goods safely. It appears that, this obligation is obligation to result in Iranian law. in opposite in the convention that is the obligation to means. The practice results of this difference, can be determined when the transporter wants to prove his exemption. Because in which kind of the essence, the matter which he must proves is different. At the end. The article studies the liability of multi modal transport operator resulting from any person who acting on his behalf (servants or agents).
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Received: 2012/04/30 | Accepted: 2012/04/30 | Published: 2012/04/30

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