الطبيعة القانونية لمسؤولية الناقل البØري (دراسة مقارنة) | ||
| مجلة الدراسات القانونية والاقتصادية | ||
| Article 7, Volume 8, Issue 3, September 2022, Pages 560-587 PDF (1.75 M) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jdl.2022.257312 | ||
| Author | ||
| عثمان النور عثمان | ||
| کلية القانون | ||
| Abstract | ||
| Summary: The international transportation of goods is considered the fundamental boosting element of the economy of countries, what has made the international community prepare agreement projects inthis field, and may be among the most important agreements, there is Brussels agreement dated 1924, and Hamburg regulation of 1978, in addition to Brussels agreement dispositive. Which have obliged the maritime transport to achieve a result and, therefor the loading side just needs to prove that there is not any result achievement so that the transporter can be said responsible, and in this case, the said transporter cannot be have the responsibility cancelled unless by proving there was a most supreme external cause. Contrary to Brussels dispositive, Hamburg regulations have resolved to oblige the maritime transporter to all that is necessary to ensure the security of the transported goods from decaying. Besides, they said transporter can reject his or her responsibility as to the decaying of goods, whenever he or she and even their agents have done all that necessary and reasonable, and ask a result, the difference regarding the legal nature of the transporter reasonability has necessary an impact on proving difficulty on which are based the legal proceeding and their consequences. | ||
| Keywords | ||
| The key word: Carrier; the charger; the presumption of responsibility; presumption error; the burden of proof | ||
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