A Comparative Study of the Legal Effects of Determining a Safe Port in International Maritime Transport Contracts with an Emphasis on the Laws of Iran and England

Articles in Press

Document Type : Research Paper

Authors

1 Associate Professor, Faculty of Law, Farabi University of Tehran, Qom

2 PhD student in oil and gas law, Kish International Campus of Tehran University, Hormozgan, Iran.

10.22034/law.2024.59108.3331

Abstract

With the globalization of the economy and the introduction of modern technologies in the field of transportation, developing and developed countries sought to use new methods for international trade. For a long time, maritime transport and related agreements in the field of international trade law have always been associated with certain challenges and complexities. Generally, ship rental contracts for the international transport of goods are concluded in the form of charter voyages, time charters and closed charters. Whereas one of the most important obligations of a charterer in a contract is to use a safe port to load or unload goods; so the question is, what are the criteria for determining whether a port is safe or unsafe? In addition, it should be clarified whether the damage to the ship was due to unsafe port or to other causes, and if so, what is the main reason for the damage? Answering these questions and clarifying the meaning and concept of safe port in international maritime transport contracts is of great importance in determining the liability of the charterer to the shipowner due for damages caused by unsafe port. Examining the documents and judicial procedures of different countries, we find that the English legal system has chosen an intermediate method in determining and introducing a safe port and tends to be an effective causal factor in resolving maritime disputes; On the contrary, the approach of the Iranian legal system in dealing with this issue is one of many ambiguities.

Keywords

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 12 November 2024

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