CONDITION FOR THE FULFILLMENT OF THE LIABILITY OF THE MARITIME CARRIER IN THE CONTRACT OF CARRIAGE OF GOODS: A COMPARATIVE RESEARCH AMONG IRAQI LAW, AND THE ROTTERDAM CONVENTION OF 2008

Abstract

This research was designed to achieve a new breakthrough in law as a discipline，namely to look at In shipping goods and with for example the, the carrier themselves as pier, from shipper receipt of cargo to its consignee sends it on a reporter—we can see some clear object conditions make us want for nothing. Two methods were mainly applied to this study: comparative research and descriptive studies. Specifically we utilized Transport Law No 80 which is first and prime Iraqi law on public transport between companies under the same umbrella (1983), Irans maritime statutes -named ‘Maritime Law No. 1343’ -from 1975 through 1979 and the Undesirable Ship Types 2001 convention as illustrating examples. However, we were not original people. In this work we can define the problem as, for getting wisdom in this research: under what terms to a maritime carrier under Iraqi law should be treated like the Dutch Maritime Code in international shipping and commercial navigation? In addition to the validity of a carriage contract concluded, this study discovered that a maritime carrier must also pass the examination of tortious liability during transport. Moreover, damage did occur [with either destruction or injury], and further, there is cause-and-effect connection between mistaken act and damages. The research focuses that legal systems are difficult to compare and that as for the period of liability of carrier's liability I. Furthermore, it shows us how to handle the dilatory delivery. Finally, the final results of the research show that there is a defect in Rotterdam Convention which can't address cases where no delivery date is agreed. Ultimately, the research recommends that this gap will need to be filled in national legal systems by reforming some of their requirements so they align with United States standards. For example, making contract validity a reasonable minimum, allowing delays and setting a period punishment for breach of contract.Or remove onerous burden of proof accountability in regards to force majeure. These proposals are meant to reduce transaction costs and increase transparency evident among parties involved in maritime commercial transactions.