Illegal Building on the Property of Others : A Comparative Study

Section: RESEARCH
Issue
Vol. 22 No. 72 (2020): Volume 22 Issue 72
Published
Oct 1, 2020
Pages
110-176

Abstract

Compensation is the effect of liability, which means, the penalty for breach of an obligation. When the liability of the air carrier is realized, the damage is incurred in the event of physical damage to the passenger (safety obligation), loss, damage or loss of goods or baggage Registered) and the delay in the implementation of the air transport contract. Compensation is estimated to the extent of damage, which is customary in the jurisprudence is between the two articles(1048) to(1168) of civil law no.(40) for the year(1951), but in the field of air transport the legislator has departed from this rule, having set a maximum compensation for the carrier responsible, In charging the carrier with liability for the entire damage (unlimited liability), the carrier may lead to the abyss of bankruptcy, thus depriving the carrier of its work in this important economic facility, while the international legislator did not neglect the passenger or shipper, as did not allow the derogation from the ceiling set by International agreements, so as to find a balance between the parties to the contract of carriage. may be modified the article(1119) in civil law. The international legislator has endeavored to maintain the limited liability of the air carrier as long as it is good faith, but when it becomes illintentioned it becomes liable for the full damage and does not benefit from limited liability, and if the parties agree that compensation for the full damage is possible, because it does not contravene the public order.

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Authors

Azad Salih

COLLEGE OF LAW AND POLITICAL SCIENCE -SALAHULDEEN UNIVERSITY -ARBIL/ IRAQ

Nawzad jmal mohamed rashed

Student at the Judicial Institute in the Kurdistan region

Identifiers

https://doi.org/10.33899/alaw.2020.166832
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