Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 681-693 |
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Ghafourizad M, Radan Jebeli A, Paktinat H. Examining the Insurance Coverage of Air Accident Victims by Studying the Duties and Responsibilities of the Insurer with an Emphasis on Health Rights. MLJ 2022; 16 :681-693
URL: http://ijmedicallaw.ir/article-1-1681-en.html
URL: http://ijmedicallaw.ir/article-1-1681-en.html
1- Department of Private Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.
Abstract:
Background and Aim: The insurance company pays compensation on the number of passengers depending on the insurance coverage it has considered for the passengers. Airplane insurance includes airplane body insurance, passenger insurance, property insurance and insurance for people who suffered damage at the place of the plane crash
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: The findings show that in connection with the discussion of air accidents, in the country and other countries, the conflict of laws in international transportation has caused a lack of integrity in the interpretation of laws and in some places, the abuse of insurance companies in their obligations in international transportation and this The fact that there are gaps in the procedures for paying damages and compensation to passengers, deceased, etc. by insurance companies in different countries affects many people in regions and countries.
Conclusion: Article 1 of the law on determining the limits of responsibility of Iranian airlines approved in 2011 states that in domestic flights, the transportation of passengers can only be carried out in accordance with the Islamic Penal Code. According to the above article, the responsibility of the airline company towards passengers is determined in accordance with the Islamic Penal Code. As a result, the responsibility of the airline company and the determination of damages are determined based on the law of diyat contained in the Islamic Penal Code, like other intentional or accidental murders, by the court judge.
Please cite this article as:
Ghafourizad M, Radan Jebeli A, Paktinat H. Examining the Insurance Coverage of Air Accident Victims by Studying the Duties and Responsibilities of the Insurer with an Emphasis on Health Rights. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e42.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: The findings show that in connection with the discussion of air accidents, in the country and other countries, the conflict of laws in international transportation has caused a lack of integrity in the interpretation of laws and in some places, the abuse of insurance companies in their obligations in international transportation and this The fact that there are gaps in the procedures for paying damages and compensation to passengers, deceased, etc. by insurance companies in different countries affects many people in regions and countries.
Conclusion: Article 1 of the law on determining the limits of responsibility of Iranian airlines approved in 2011 states that in domestic flights, the transportation of passengers can only be carried out in accordance with the Islamic Penal Code. According to the above article, the responsibility of the airline company towards passengers is determined in accordance with the Islamic Penal Code. As a result, the responsibility of the airline company and the determination of damages are determined based on the law of diyat contained in the Islamic Penal Code, like other intentional or accidental murders, by the court judge.
Please cite this article as:
Ghafourizad M, Radan Jebeli A, Paktinat H. Examining the Insurance Coverage of Air Accident Victims by Studying the Duties and Responsibilities of the Insurer with an Emphasis on Health Rights. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e42.
Type of Study: Original Article |
Received: 2023/07/18 | Accepted: 2023/10/8
Received: 2023/07/18 | Accepted: 2023/10/8
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