Document Type : Scientific
Authors
1
Assistant Prof. Private and Islamic Law Department, Faculty of Law and Political Science, University of Tehran, Tehran, Iran , mirshekariabbas1@ut.ac.ir
2
Ph.D. Student in Private Law, Allame Tabataba’I University, Tehran, Iran.(Corresponding author), azadbakht95@atu.ac.ir
Abstract
Today, air travel has become a common means of passenger transportation, primarily due to its time-saving nature, as it is significantly faster than other modes of transport. Ideally, air carriers are expected to fulfill their contractual obligations in accordance with scheduled flight times. However, this ideal is not always realized. For various reasons, a flight may not depart according to schedule or, even if it departs on time, may fail to arrive at its destination at the agreed time. Such delays can cause both material and moral damages to passengers. The key legal question arises: Can passengers claim moral (non-pecuniary) damages resulting from flight delays, provided that other conditions of civil liability are met? This article, using a descriptive-analytical approach and with particular emphasis on Judgment No. 140368390007080245 dated August 12, 2024, issued by Branch 217 of the Civil Court of Tehran (Shahid Moftah Judicial Complex), seeks to address this question. The findings show that, although courts in different jurisdictions diverge on this issue, the prevailing trend in Iranian law has thus far recognized the recoverability of moral damages caused by flight delays under general rules of civil liability. In the referenced judgment, the court acknowledged the compensability of both pecuniary (e.g., monetary compensation) and non-pecuniary (e.g., official apology) damages, regardless of whether the flight was domestic or international, and issued a ruling in favor of moral compensation, grounded in the principle of reparation for moral harm recognized in Iranian law.
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