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Register a new userThe responsibility of the shipping carrier of goods in light of the new maritime trade law and international agreements
مسؤولية الناقل البحري للبضائع في ضوء قانون التجارة البحرية الجديد والاتفاقيات الدولية
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University of Aleppo أطروحة دكتوراه
Publication date
2015
fields
Law
and research's language is
العربية
Created by
Shamra Editor
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نظراً للمركز الاقتصادي الضعيف للشاحن في مواجهة الناقل وعدم قدرته على مناقشة شروط عقد النقل البحري وما نجم عن مبدأ حرية التعاقد من اضرار فادحة بالشاحنين وشركات التأمين والبنوك والمرسل إليهم , فقد أضحت القواعد العامة للمسؤولية غير صالحة لتنظيم مسؤولية الناقل
In view of the weak economic position of the shipper vis-à-vis the carrier and his inability to discuss the terms of the maritime transport contract and what resulted from the principle of freedom of contract from severe damage to shippers, insurance companies, banks and consignees, the general rules of liability have become invalid to regulate the responsibility of the carrier.
References used
عبد الرحيم ثروت , شرح القانون البحري السعودي , عمادة شؤون المكتبات , الرياض , السعودية , 1985
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Law is a social phenomenon that is subject to the law of the purpose of
ensuring better conditions of life for the community. The life of the law
are found in its application in practice, and the rules of the rent law
considered relevant by the co
mmunity. For this research included
comments on the most important new rent law No. 20 dated 11/11/2015
materials to shed light on their compatibility with the principles and
objectives of the law and therefore suitability for the community.
This research addresses an important economic issue, which is the subject of partnership between the public and private sectors in economic facilities management, this research discusses the participatory experience in the maritime transport sector,
specifically in Lattakia port.
The research will address the reality of Lattakia port situation and its role in the Syrian foreign trade and the reasons for the application of participatory management of containers activity and targets set by the port company, and the nature of working in Lattakia container terminal.
The research aims to assess the experience of participatory in Lattakia port, through the analysis the nature of Lattakia international container terminal(LICT (company, and results achieved during the first three years, and the benefits that Lattakia port company achieved by the application of participatory, and will search to the important results and some recommendations for the development experience of participatory in Lattakia port particular, and the maritime transport sector in general.
One of the most important marine sales, and the most dealing with international trade contracts, is the FOB sales contract, which is the delivery on board the ship, and it is no secret that the obligations of this contract are the responsibility of b
oth the seller and the buyer, both. The most important obligations of the seller in the case of selling the goods under the FOB contract, the obligation to deliver the goods, as the seller, once he delivered them on board the ship, transfers the ownership of the goods to the buyer, and accordingly moves accordingly the risks that they may encounter across the sea.
However, the seller may refrain from delivering the goods, and this has many implications, especially the most important one is to give the buyer the right to request in-kind implementation or the termination of the FOB contract, which constitutes a breach and disruption in the level of international trade as a whole, given the complexity of the commercial relations that arise from this contract, on the one hand On the other hand, the seller’s failure to deliver the goods is considered to be the loss of the trust that forms the basis of the commercial deal.
Industry Occupies a great importance in national economy , and increases the
prestige importance in light of the international arena' variables directly linked
to the exchange of international trade and the relationship of states to each
other and
the impacts on the balance of trade for these countries , and in this
context, Syria has held a number of bilateral agreements and entering into
blocs regional economic and achieve the desired results of these agreements
has taken several steps over the harmonization of legislation with the
requirements of the global economy and the issuance of new legislation to
adapt its trade with global trade rules , but the initial results were not of the
level of ambition , despite the availability of economic possibilities and
opportunities untapped , so Syria were not the winner of all the agreements
struck with the states and other blocs , including the Free Trade Area of the
Greater Arab , that there was a defect is it not real understanding of the
policies put forward for these countries means that there is a lack of
understanding of the objectives of these conglomerates , or that there is a
defect in the mechanisms follow-up and application by the competent organs
and their application ?
The unification of legal rules of the international trade has been achieved by
different means. The academics and the concerned people have been very actives in
introducing some legal and practical propositions to unify the rule of international
t
rade. The different proposition of the academics transferred to became
international or regional treaties, international customs and practices and / or model
contracts issued by international organizations (such as the Unified Rule for
Documentary Credit that were issued by International Chamber of Commerce and
the Joint "Venture" model agreement the was issued by (UNCITRA).
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