نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار و عضو هیأت علمی، دانشکده حقوق، دانشگاه آزاد اسلامی واحد تهران مرکزی.
2 استادیار و عضو هیأت علمی، دانشکده حقوق و علوم اجتماعی، دانشگاه پیام نور واحد کرج.
3 کارشناس ارشد حقوق تجارت بین الملل، سردفتر اسناد رسمی و مدیر خدمات قضایی 31 تهران. (نویسنده مسئول)
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In this regard, it can be said that while the owner of the operator can be considered the real owner of the ship, the situation of the registered owner should be treated with caution. Therefore, any person whose liability is claimed, in order to invoke the limitation of liability, must provide the necessary financial resources to the reviewing authority by forming a credit fund. Because the creation of liability systems to pay damages and in addition to providing a limit to the liability of shipowners has been. The Iranian law of maritime law has accepted the limitation of the ship owner's liability and we are faced with explicit provisions regarding the limitation of the ship owner's liability, which in Iranian maritime law has accepted this principle of liability based on the theory of fault. The 1969 Convention (CLC) also stated at the outset that, except as provided in paragraphs 2 and 3, the shipowner shall be liable for any damage caused by the discharge or oil spill at the time of the accident. The Convention also provides in paragraph 4 of Article 3 that no claim for damages against the owner may be brought except in accordance with this Convention. This principle of liability is based on acceptable theory of risk. Therefore, in the following article, we will examine the limitation of liability of the owner of an oil tanker in the discussion of compensation for oil pollution in Iranian maritime law and the said convention.
کلیدواژهها [English]