The Bill Of Lading Holder Rights in the Ship Deviation Cases in Sea Carriage: A Comparative Study of Iranian and British Law

Deviation of the ship from the contractual or custom route during sea transportation affects not only the contract parties, but also the rights of third parties, and one of the most important parties is the bill of lading holder. The necessity of supporting the bill of lading holder rights and the legal solutions in Iranian and Britain legal systems are analyzed in this article. In Britain's legal system, the social welfare theory is one of the mechanisms designed for the various models to support the person's rights. Under the mentioned principle the bill of lading holder has the right to invoke the contents of the maritime transport contract, and under Iran's legal system, due to Article ۱۲ in The Civil Liability Act ۱۹۶۰ along with the provisions contained in The Revised Sea Act ۲۰۱۱, joint and several liability for the third parties has been recognized. In this article, the effect of deviation on the bill of lading holder rights is analyzed with descriptive-analytical methods and library sources.