Analysis of Civil Liability Arising from Railway Accidents in Iranian Law with a View to International Instruments

Abstract

Within the framework of the governing system and structure of civil liability, a portion of liability imposition always occurs due to the occurrence of accidents and incidents. Specifically, this study focuses on civil liability arising from railway accidents. Fundamentally, the primary question and objective of this research, which has been conducted using a descriptive-analytical method, is to determine who bears civil liability in the event of an accident within the country's railway transportation network. In this regard, the findings of the study, based on an examination of domestic laws and regulations—such as the Civil Liability Act, the Free Access to the Railway Transport Network Act, the Amendment to the Road and Railway Safety Act, and the Executive Regulations of the Railway Accident Prevention Commissions—alongside international railway transport instruments, including the Convention concerning International Carriage by Rail (COTIF), the Convention on the Contract for the International Carriage of Goods by Road (CMR), the Agreement on the International Carriage of Passengers and Luggage, and the Agreement on the International Carriage of Goods by Rail, indicate that the civil liability system in railway accidents is justified based on the theories of risk and fault. Moreover, it is supported by jurisprudential principles such as the rule of La Zarar (no harm) and Itlaf (causation of damage) in domestic law. The elements of civil liability in railway accidents are established through the commission of an act leading to the railway accident, the occurrence of damage resulting from the accident, and ultimately, the causal relationship between the wrongful act and the inflicted harm. Depending on the circumstances, liability may be imposed on the government or the Ministry of Roads, private companies, the transportation operator, or the responsible individuals.