The legal system governing exemption of maritime transport operator from civil liability
One of the most important issues of maritime law is maritime transport and the main issue in this article is civil servant liability.according to article 516 of the civil code, the carrier is considered a trustee and his obligation to maintaining the Things that he is deposited,is obligation means and so his responsibility is based on fault and his fault must be proven by the loss so that he can be held responsible but according to the silence of the legistlator about the other obligations,the obligation of maritime transport operator in transferring the things from origin to destination and delivery of goods ontime,is Obligation to achieve a certain result and only proving the force majeur can relieve the carrier of responsibility.the liability of the carrier in article386 of the commercial code is assumption of contractual fault,because the kind of the carrier’s liability to deliver the things to destination is obligation to achieve a certain result and the forwarder carrier will be relieved of liability just with proof of force majeure .the basis of responsibility in maritime law is also the assumption of responsibility.this article is describes descriptively theories and legal doctrines related to freight carrier liability.
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