Civil liability

Background: Ethics are closely tied to people’s beliefs, values, ​​and ideals, and custom assumes a special sacredness for morality. The present study attempts to investigate the role of ethics in civil liability law and the ethical aspects of fault and compensation of damages arising from faults. Through analyzing ethics and its philosophy as well as investigating the ethical theories, the present study also aims to investigate the effects of ethics on civil liability theories. Moreover, by examining the contents of the first part, this study examines the principles of civil liability of the transport operator. Conclusion: Regarding human’s ethical liability, there are two main views in ethical philosophy. First, there is a retrospective view stating that human is responsible for his decision-making power and voluntary actions. Second view is a prospective one holding human responsible for the consequences of his/her actions. Much of the theory of civil liability is inspired by these two views. In the field of transportation, the legal relationship between the sender and the operator of the multimodal transport, under a single contract, is called the multimodal transport contract. The basis of transport operator liability in single-mode conventions is diverse. The basis of liability in The Hague and Warsaw Conventions is based on fault. As for the liability of operators of shipping terminals in international trade (1994), the Hamburg, CMR, CIM, Montreal and the United Nations Conventions are based on presumed liability.

Considering that Iran has both oil and seawater, which is the route of transportation of oil tankers, the legal system of Iran has been discussed in this paper. Also, regulations related to prevention and dealing with pollution caused by oil tankers, regulations on how to compensate for damages caused by oil pollution, filing lawsuits, and how to receive compensation due to damages are examined with comparison to American laws. Regarding Iran's laws, it can be said that this country has not passed advanced regulations domestically and independently. However, due to the international aspect of these incidents, conventions have been formulated by international organizations, and by joining them, Iran has aligned itself with the international community in this field. However, since most of its states are surrounded by the sea and a lot of oil is transported through its ports, the United States enacted legislation in this field before the international community, and the history of its legislation dates back to 1924. With its strong domestic laws, the United States has not acceded to international conventions and still considers its national laws to govern these matters. Hence, the laws of this country and its performance be set as a model for other countries that are struggling with these issues.