Effects of Subordinate Liability of the Primary and Secondary Maritime Freight Officer on Iranian Maritime Law and the Hague, Hamburg and Rotterdam Conventions

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SALEHI HOSEIN; RANJBAR MASOUD REZA; Karimi Qavam; Babaei Daryosh

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Journal: International Police Studies Quarterly Year:2020 | Volume:11 | Issue:43 Page(s): 167-189

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Title

Effects of Subordinate Liability of the Primary and Secondary Maritime Freight Officer on Iranian Maritime Law and the Hague, Hamburg and Rotterdam Conventions

Author(s)

SALEHI HOSEIN | RANJBAR MASOUD REZA | Karimi Qavam | Babaei Daryosh | Issue Writer Certificate

Keywords

Subordinate liability

primary custodian

secondary custodian

international conventions

Abstract

Background and Aim: One of the most important cases of liability is the legal responsibility of the maritime transport operator, but in cases where the primary transport operator assigns the goods in whole or in part to another transport operator by concluding a contract, if Damage to the goods or delays in the delivery of goods Civil liability will be created as a result of the actions of the secondary operator for the primary operator. Research Method: In this article, the descriptive-analytical method in the form of a library using books and articles in this field has been used. Findings: The owner of the goods has the right to refer to the secondary operator for compensation based on the contractual relationship, although some legal systems consider the basis of the owner of the goods to refer to the secondary operator according to the general rules of civil liability (quasi-crime). However, the real responsibility will be borne by the secondary operator, although the responsibility of the primary and secondary operator is joint and several, but in case of compensation by the primary operator, he has the right to refer to the secondary operator, but the opposite is not justified. Conclusion: The owner of the goods does not need to prove the fault of the secondary operator to compensate the damage, and upon the occurrence of damage, the primary operator is responsible for compensation.

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APA: Copy

SALEHI, HOSEIN, RANJBAR, MASOUD REZA, Karimi, Qavam, & Babaei, Daryosh. (2020). Effects of Subordinate Liability of the Primary and Secondary Maritime Freight Officer on Iranian Maritime Law and the Hague, Hamburg and Rotterdam Conventions. POLICE INTERNATIONAL STUDIES, 11(43 ), 167-189. SID. https://sid.ir/paper/387460/en

Vancouver: Copy

SALEHI HOSEIN, RANJBAR MASOUD REZA, Karimi Qavam, Babaei Daryosh. Effects of Subordinate Liability of the Primary and Secondary Maritime Freight Officer on Iranian Maritime Law and the Hague, Hamburg and Rotterdam Conventions. POLICE INTERNATIONAL STUDIES[Internet]. 2020;11(43 ):167-189. Available from: https://sid.ir/paper/387460/en

IEEE: Copy

HOSEIN SALEHI, MASOUD REZA RANJBAR, Qavam Karimi, and Daryosh Babaei, “Effects of Subordinate Liability of the Primary and Secondary Maritime Freight Officer on Iranian Maritime Law and the Hague, Hamburg and Rotterdam Conventions,” POLICE INTERNATIONAL STUDIES, vol. 11, no. 43 , pp. 167–189, 2020, [Online]. Available: https://sid.ir/paper/387460/en

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