نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
Abstract
The primary objective of this research is to analyze and evaluate the application, significance, and implications of the doctrine of estoppel as an equitable legal principle within the complex and high-stakes framework of aviation insurance contracts. Employing a descriptive-analytical approach, this article draws upon legal sources and judicial precedents, particularly within the aviation sector, to elucidate the concepts, constituent elements, and scope of estoppel in the relationship between insurers and insured parties. Aviation insurance contracts, characterized by their adhesive nature and inherent imbalance in bargaining power, necessitate protective mechanisms for the insured. The findings demonstrate that the doctrine of estoppel serves as an equitable remedy to counter technical abuses by insurers. By precluding insurers from denying prior commitments or representations—particularly following reasonable and detrimental reliance by the insured—estoppel ensures contractual stability and certainty in the insurance market. Judicial precedents underscore the necessity of establishing elements such as express or implied representations, reliance, and detriment resulting from inconsistent conduct. In the aviation industry, estoppel transcends its role as a mere legal rule, emerging as a cornerstone of justice and a mechanism for enforcing fairness. It safeguards the rights of the weaker party (the insured) while obligating insurers to uphold utmost good faith and transparency throughout the contracting process. The successful application of estoppel facilitates dispute resolution, enhances trust in the market, and preserves financial security in aviation operations.
کلیدواژهها English