نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Maritime transport, as the principal conduit of international trade, requires a coherent legal framework for the exchange of information between the parties to a contract of carriage. Within this framework, maritime transport notices play a pivotal role in structuring legal relationships, preventing disputes, and delineating the scope of obligations and liabilities of the shipper, carrier, and consignee. Nonetheless, the fragmentation of rules governing such notices in Iranian law, coupled with divergent approaches adopted by international instruments, has generated legal uncertainty regarding their effects and the sanctions arising from their absence, delay, or inaccuracy. The need for this study stems from the lack of a comprehensive analysis of maritime notices as an independent legal institution with multifaceted legal consequences, as well as from the necessity of aligning domestic law with contemporary developments in maritime transport, particularly under the Rotterdam Convention. Employing a descriptive analytical methodology and a comparative legal approach, this article examines the concept, types, mandatory contents, and legal effects of maritime transport notices across the pre‑carriage, carriage, and post‑carriage phases. It compares Iranian law with the Hague Rules of 1924, the Hamburg Rules of 1978, and the Rotterdam Convention of 2008. The central research question is how maritime transport declarations function as legally binding instruments in organizing contractual relations under contracts for the carriage of goods by sea, and what legal consequences arise from non-compliance with declaration-related obligations under Iranian law and international instruments. The findings demonstrate that such declarations perform functions extending beyond mere information-sharing. They play a decisive role in creating reciprocal obligations, shifting the burden of proof, triggering strict liability—particularly with respect to dangerous goods—and activating enforcement mechanisms such as forfeiture of freight, contractual penalties, and rights of control or disposal over cargo. The study further concludes that the Rotterdam Convention offers a more coherent, transparent, and trade‑responsive framework than Iranian law and earlier conventions, thereby underscoring the urgency of legislative reform to accommodate modern and electronic transport practices.
کلیدواژهها English
