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Establishment of the Maritime Carrier's Liability Under the Iraqi Law1

Establishment of the Maritime Carrier's Liability Under the Iraqi Law1 ESTABLISHMENT OF THE MARITIME CARRIER'S LIABILITY UNDER THE IRAQI LAW1 Dr Hashim R Al-Jazairy College of Administration & Economics, Basrah University, Iraq Article 132 of the Iraqi Carriage Law 1983 provides: The carrier is liable for loss resulting from loss of or damage to the goods, as well as from delay in delivery, unless the carrier proves that he, his servant or agents took all measures that could reasonably be required to avoid the occurrence and its consequences. It is obvious that the basis of liability under the Iraqi law is affirmative in nature, and based on fault or negligence.2 2 This test means that if goods are short delivered or are delivered damaged then you first look to see whether the loss or damage was caused by an occurrence which took place while the goods were in the carrier's custody. If it did, you then ask whether the "occurrence" was due to the fault of the shipowner or his servants or agents. If there is fault, there is liability and if there is no fault there is no liability.3 Thus, the Iraqi Carriage Law does not adopt the "strict" or "absolute" system of the carrier's liability under http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arab Law Quarterly Brill

Establishment of the Maritime Carrier's Liability Under the Iraqi Law1

Arab Law Quarterly , Volume 1 (3): 319 – Jan 1, 1985

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Publisher
Brill
Copyright
© 1985 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0268-0556
eISSN
1573-0255
DOI
10.1163/157302585X00536
Publisher site
See Article on Publisher Site

Abstract

ESTABLISHMENT OF THE MARITIME CARRIER'S LIABILITY UNDER THE IRAQI LAW1 Dr Hashim R Al-Jazairy College of Administration & Economics, Basrah University, Iraq Article 132 of the Iraqi Carriage Law 1983 provides: The carrier is liable for loss resulting from loss of or damage to the goods, as well as from delay in delivery, unless the carrier proves that he, his servant or agents took all measures that could reasonably be required to avoid the occurrence and its consequences. It is obvious that the basis of liability under the Iraqi law is affirmative in nature, and based on fault or negligence.2 2 This test means that if goods are short delivered or are delivered damaged then you first look to see whether the loss or damage was caused by an occurrence which took place while the goods were in the carrier's custody. If it did, you then ask whether the "occurrence" was due to the fault of the shipowner or his servants or agents. If there is fault, there is liability and if there is no fault there is no liability.3 Thus, the Iraqi Carriage Law does not adopt the "strict" or "absolute" system of the carrier's liability under

Journal

Arab Law QuarterlyBrill

Published: Jan 1, 1985

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