Investigating the Rights of the Victims in the Ukrainian Flight 752 Accident and Compensation Methods from the Perspective of Iranian Law and International Documents

Ghafouri Zad, Mahdi; Jebeli, Radan; Paktinat, Hasan

doi:10.22034/jccj.2023.403466.1306

Investigating the Rights of the Victims in the Ukrainian Flight 752 Accident and Compensation Methods from the Perspective of Iranian Law and International Documents

Document Type : Original Article

Authors

Mahdi Ghafouri zad ¹

Radan Jebeli ²

Hasan Paktinat ³

¹ PhD Student in Private Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.

² Assistant Professor, Department of Private Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran. (Corresponding Author)

³ Assistant Professor, Department of Private Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.

10.22034/jccj.2023.403466.1306

Abstract

The disaster of flight number 752 of Ukrainian Airlines happened in the midst of the political crisis in the Persian Gulf. This article is descriptive-analytical research. Findings of the research show that every accident has its own conditions and the procedures for compensation and paying attention to the maximum remedy for victims by relying on the domestic and international legal systems can be different according to the reasons and causes of the plane crash, destruction, etc; But obviously, with the occurrence of any air accident, life, financial and moral damages are certainly raised. This article concludes that with regard to the rights of the victims of air accidents, juridical sources including the rule of “Value of Muslim life” and “Harm” in Iran's legal system and the Warsaw Treaty as an internationally valid document should be cited. About international responsibility of the governments, there are several compensation solutions for the injured government like obtaining the satisfaction of the requesting government through compensation or compensation and apology.

Keywords

Air Transport

Flight Accident

Rights of Victims

Compensation Methods

Remedy