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النظام القانوني لعقد بناء السفينة == Legal regime of shipbuilding contract
Author name:
نور حسين علي
Supervisor name:
درع حماد عبد | فاروق ابراهيم جاسم
General topic:
Law
Specific topic:
Civil Law
Degree:
Master
University:
Aliraqia University - Faculty Of Law And Political Science - Department Of Private Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1586 - p.pdf
Abstract:
The ship is one of the most important means of transport in recent times, as it plays an active role in the field of transport of various go Sea transport by the years takes the most part in the field of international trade. This extensive use of the vessel has resulted in the creation of written and customary rules of law relating to the different aspects of the ship, Whether in its construction, lease or sea voyage. Various aspects of these aspects have been studied and some have been regulated. However, the aspect that did not take part of the legal organization and the jurisprudential studies is the aspect related to the contract of construction of the ship. And increase the importance of research on this subject in Iraqi law because of the lack of regulation of these rules in Iraq.Hence the importance of this study in the elaboration of the legal provisions for the contract of building the ship. The subject has been addressed through three chapters , In view of these developments, we have decided to discuss the contract for the construction of the vessel, which has not been dealt with by our Iraqi legislator until nowWe have started the subject with a statement about the contract of building the ship by looking at the definition of this contract by looking at the images of its construction. We also identified the current method and through which the contract was defined and the most important legal characteristics. The nature of this contract and then we discussed the pillars of the contract of construction and all this in the first chapter of the letter. The second chapter of the letter we devoted to discuss theobligations of each of the parties to the contract of building the ship, we discussed the obligations of the builder and there were three main obligations, namely building the ship in a navigable manner and then delivered and finally committed to ensure the hidden defects, The first part of the chapter, the second section we have allocated to the statement of obligations of the second party (student construction). Including the obligation to pay the price and receipt, and then we discussed the penalty imposed on the construction student in the case of one of the obligations imposed on him. In the last chapter of the letter, we discussed the liability of the ship builders by means of the responsibility and the means of payment in the first section and then the penalties incurred by the builder, which is compensation and dissolution in the second section of this chapte Finally, we have included model shipbuilding contracts to be more precise
