Condition For The Fullfillment Of The Liability Of The Maritime Carrier In The Contract Of Carriage Of Goods:A Comparative Research Among Iraqi, Iranian Law And The Rotterdam Convention Of 2018

Abstract

This research seeks to provide a new knowledge contribution in the field of law, exploring the conditions for the liability of the maritime carrier in a contract of shipping of goods involving the carrier, the shipper, and the consignee. This research employed a comparative descriptive approach between Iraqi law (Transport Law No. 80 of 1983), Iranian law[1] (Maritime Law No. 1343), and the Rotterdam Convention (2008). The main problem of the research was summarized through the main question: What are the conditions of the maritime carrier in Iraqi and Iranian law and the Rotterdam Convention? The findings of research demonstrated that the legal conditions for the maritime carrier are, first, the existence of a valid carriage contract. Second, the liability for error during carriage. Moreover, the occurrence of damage (destruction, damage, or delay). Furthermore, there must be a causal relationship between the error and the damage. The research highlights the differences between legal systems in determining the duration of the carrier's liability. It also addresses how to address delays in delivery. Furthermore, the research's findings indicate a deficiency in the Rotterdam Convention, which fails to address cases of failure to agree on a delivery date. Finally, the research proposes recommendations for amending national legal frameworks to align with international standards, such as standardizing contract validity requirements, setting a timeframe for delays, and reducing the burden of proof in cases of force majeure. These recommendations aim to enhance transparency and accountability in maritime commercial transactions.