Insurance of the Air Carrier's Liability for Damage to Passengers and their Luggage

Khalil, Raed Ahmed

doi:10.37651/aujlps.2019.171641

	Insurance of the Air Carrier's Liability for Damage to Passengers and their Luggage
Journal of Anbar University for Law and Political Sciences
Article 15, Volume 9, Issue 2, 2019, Pages 544-573 PDF (952.57 K)
DOI: 10.37651/aujlps.2019.171641
Author
Raed Ahmed Khalil
Kirkuk University - College of Law and Political Science
Abstract
The insurance contract of the of the air carrier's liability is one of the major contracts that have a various relationship. It includes multiple terms and covers large risks. It also is a mandatory contract for aircraft investors according to the provisions of Iraqi law. Although the importance of insurance contract of air carrier's liability, it did not receive the attention of the Iraqi legislator which did not regulate this contract under the provisions of the Iraqi Civil Aviation Law No. 148 of 1974 or the Iraqi Civil Code No. 40 of 1951. This requires addressing of the provisions of this type of insurance to explain its importance and role in guaranteeing the rights of passengers toward airlines. The study adopted the analytical method by analyzing the legal texts contained in the Iraqi Civil Aviation Law and the Iraqi Civil Code which regulated the provisions of liability insurance in general. This study concluded that the air insurance contract should be regulated by special legislation or at least adding a special part to the Civil Aviation Law No. 148 of 1974 to address all issues related to this contract in terms of its provisions and types in order to ensure the rights of passengers against airlines in case of air accidents.
Keywords
insurance; Air Carrier; Passenger; Air Accident; civil liability

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