1
PhD Student in Jurisprudence and Fundamentals of Islamic Law, Yadegar Imam Khomeini (RA) Branch, Islamic Azad University, Tehran, Iran
2
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Yadegar Imam Khomeini (RA) Branch, Islamic Azad University, Tehran, Iran
3
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Yadegar Imam Khomeini (RA) Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2024.453585.1779
Abstract
Background and Purpose: The crash of the Ukrainian plane as a result of air defense firing over the airspace of the Islamic Republic of Iran in the inflamed and tense atmosphere caused by the aim of this article is to examine the foundations of the government's civil liability in air accidents with an emphasis on the Ukrainian plane.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: At the domestic level, the theory of fault is the basis of the government's civil responsibility, and at the international level, due to the fact that the responsibility of the government in connection with the incidents and events that occur in the airspace, is subject to the provisions of international conventions and regulations such as It is the Chicago Convention and the government of the Islamic Republic of Iran is also a member of the aforementioned convention. It seems that the basis of the government's responsibility is the principle of due care and the theory of responsibility discussed in the Chicago Convention.
Result: The general patterns of civil liability can be applied without the need for modification to government institution in connection with the incidents and airspace. The criterion of fault, as a general principle, works in the space of government responsibility.
Khani,Z. , Nikfarjam,Z. and Pahlavani,F. (2020). Fundamentals of government civil liability in air accidents with emphasis on the Ukrainian plane. Strategic Studies of Jurisprudence and Law, 2(4), 171-188. doi: 10.22034/ejs.2024.453585.1779
MLA
Khani,Z. , , Nikfarjam,Z. , and Pahlavani,F. . "Fundamentals of government civil liability in air accidents with emphasis on the Ukrainian plane", Strategic Studies of Jurisprudence and Law, 2, 4, 2020, 171-188. doi: 10.22034/ejs.2024.453585.1779
HARVARD
Khani Z., Nikfarjam Z., Pahlavani F. (2020). 'Fundamentals of government civil liability in air accidents with emphasis on the Ukrainian plane', Strategic Studies of Jurisprudence and Law, 2(4), pp. 171-188. doi: 10.22034/ejs.2024.453585.1779
CHICAGO
Z. Khani, Z. Nikfarjam and F. Pahlavani, "Fundamentals of government civil liability in air accidents with emphasis on the Ukrainian plane," Strategic Studies of Jurisprudence and Law, 2 4 (2020): 171-188, doi: 10.22034/ejs.2024.453585.1779
VANCOUVER
Khani Z., Nikfarjam Z., Pahlavani F. Fundamentals of government civil liability in air accidents with emphasis on the Ukrainian plane. SSJL, 2020; 2(4): 171-188. doi: 10.22034/ejs.2024.453585.1779