A Comparative Study of Civil Liability Arising from Air Transportation of Dangerous Goods in Iranian Law, Jurisprudence and International Instruments

Taheri, Sara; Hosseini Moghadam, Seyyed Hasan; Delshad  Moaref, Ebrahim

doi:10.22034/law.2025.2043764.1471

A Comparative Study of Civil Liability Arising from Air Transportation of Dangerous Goods in Iranian Law, Jurisprudence and International Instruments

Document Type : scientific research paper

Authors

Sara Taheri ¹

Seyyed Hasan Hosseini Moghadam ²

Ebrahim Delshad Moaref ³

¹ PhD student in private law, Qom Branch, Islamic Azad University, Qom, Iran.

² Associate Professor, Department of Private Law, Faculty of Law and Political Sciences, University of Mazandaran ,, Babolsar, Iran

³ Assistant Professor, Department of Private Law, Qom Branch, Islamic Azad University, Qom, Iran.

10.22034/law.2025.2043764.1471

Abstract

Air transportation refers to the movement of goods by airplanes to different parts of the world. Today, this method of transportation is the fastest and safest way to move goods over long distances, and it seems very suitable for perishable, valuable goods or goods that need to be transported quickly. However, this is not the case with air transportation of dangerous goods.Regarding dangerous goods, it should be noted that the transportation of these goods can cause numerous and widespread risks to the health of people, property, and also the safety of the flight, and all the aforementioned cases require that special attention be paid to the safe air transportation of dangerous goods and in order to prevent both human and environmental damage, in addition to observing the general regulations,
special attention should be paid to the special regulations that have been enshrined in line with the transport of such material.In terms of safety, it is necessary to evaluate such things as types of risks, effective factors in creating risks, their effects and the amount of human, financial and environmental damages before an accident occurs. Despite the fact that the safety commitment is considered a contractual responsibility according to most jurists, but its extension to non-contractual responsibility is also correct. Since in many cases, in addition to the parties to the contract, third parties and the environment are exposed to risk and damage. Regarding the transportation of dangerous goods, despite the acceptance of liability based on fault in Article 1 of the Civil Liability Law, due to the widespread and severity of possible damages and the need to compensate them in time, and on the other hand, the difficulty and sometimes the impossibility of proving fault, it seems more logical to accept liability without fault. The current research aims to explain the issue in Iranian law, jurisprudence and international instruments in a descriptive-analytical way.

Keywords

dangerous goods

air carrier

tortious liability

compensation

Subjects

Civil Liability Rights

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