Exemption of the maritime transport operator from civil liability in Iran's laws and international regulations

One of the most important issues of maritime law is maritime transportation and civil liability of the operator. There are two views on this subject in Iranian law; One is the perspective based on civil rights, which considers the responsibility of the transport operator to be based on fault. According to the point of view of commercial law, the basis of responsibility of the carrier in Article 386 of the Commercial Law is the assumption of contractual fault. Also, the basis of the carrier's responsibility in maritime law is the assumption of responsibility. In the field of international regulations, the Hague, Hamburg and Rotterdam regulations were also studied comparatively, which in some cases have taken a position similar to our domestic laws.

The current research is applied in terms of purpose and descriptive-analytical in terms of method and data collection is done in a library and with a fishing tool.

In domestic law, there are two views of commitment to the means and commitment to the result, which depends on the selected opinion in dealing with the issue of the accident, which point of view should be considered as the criterion for consideration and issuance of a decision in order to provide the grounds for the operator's exemption. International regulations, which mean Hague, Hamburg and Rotterdam regulations, have adopted similar regulations in some positions, which can be cited if international rules are cited.