Document Type : Specialized Article

Authors

• Masuod Amani ¹
• Mohsen ‘Abedini ²

¹ Ph.D. in private law

² Master of Private Law

Abstract

Regarding air transport in all international and domestic flights of most countries in the world, Warsaw Convention 1929 and Montreal Convention 1999 are put into action. According to Article 50 of the Montreal Convention 1999 “ States parties shall require their carriers to maintain adequate insurance covering their liability under this Convention. A carrier may be required by the state party into which it operates to furnish evidence that it maintains adequate insurance covering its liability under this Convention.” Perhaps, the term Adequate Insurance was mentioned in Montreal Convention for the first time. To ascertain its concept, the acts of convention, depending on the preparatory codifying works and codifiers’ opinions, should be reviewed. Studying the preparatory works, the intentions and purposes of convention parties can be understood. The preparatory affairs include discussions, conferences, and convention draft and the initial plan. To perceive the concept of the term Adequate Insurance in Montreal Convention Act 50, this paper, therefore, attempted to analyze it with respect to the preparatory works and the convention text. The result of analyzing this concept correctly will prevent air transport and insurance companies from applying their own opinions while indemnifying the victims of air accidents for damages.

Keywords

• Adequate Insurance
• Airplane
• Responsibility
• Montreal Convention
• Air Transport