The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

A Comparative Study of the Ability to Claim Moral Damages Due to Flight Delays

Document Type : p

Authors
Abbas Mirshekari 1
Shobeir Azadbakht 2
1 Assistant Prof. Private and Islamic Law Department, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
2 PhD student of Private Law, Faculty of Law and Political Science, University of Allameh Tabataba'i, Tehran, Iran.
10.22034/jlvi.2024.2004646.1025
Abstract
In today's world, traveling by air has become common.The reason for this prevalence is to save time;Because the speed of transportation by plane is higher than other means of transportation.In carrying out a flight, the ideal is that the transport operators fulfill their commitment according to the schedule, but this ideal cannot always be realized.Due to various reasons, it is possible that the flight will not depart according to the schedule or, if it departs on time, it will not arrive at the destination at the agreed time.Now, the question that can be raised is whether passengers can claim moral damages due to flight delay if other civil liability conditions are met?This article tries to answer the above question with an analyticalـdescriptive approach and with a comparative look at the Warsaw and Montreal Conventions, as well as by analyzing the new decisions of domestic and foreign courts. This article tries with a descriptive analysis and with a comparative view of the Warsaw and Montreal Conventions, as well as with the analysis and analysis of the new opinions of domestic and foreign courts, which gives an extraordinary question. Anyway, the results of the investigations showed that to answer this question, the flights should be divided into two categories, international and domestic.In international flights, two conventions of Warsaw 1929 and Montreal 1999 are used.Although the courts of different countries have different opinions regarding the answer to the above question, the prevailing practice so far has been that only moral damages caused by the delay cannot be claimed based on the two Warsaw and Montreal Conventions.Regarding domestic flights, the general rules governing the civil liability system should be used.Of course, even when the Warsaw Convention was applied to all flights, the Iranian courts had recognized the possibility to compensate for moral damage;Therefore, it is natural that after the rule of domestic laws and considering the recognition of the principle of the possibility of compensation for moral damages, these courts will accept the ruling on the possibility of compensation for moral damages caused by flight delays.
Keywords
civil liability
bodily harm
warsaw convention
montreal convention
jurisprodence
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  • Receive Date 12 June 2023
  • Revise Date 29 December 2023
  • Accept Date 02 June 2024