المسؤولية المدنية للناقل البحري عن فقدان وتلف البضائع: دراسة مقارنة

Abstract

This research came under the title (Civil Liability of the Maritime Carrier for Loss and Damage of Goods). For the purpose of completing this research, I divided it into four chapters, in which I devoted the first chapter to the basics of the research, the second chapter to the concept of the contract for the maritime transport of goods and its historical development in Islamic jurisprudence and law, and the third chapter on the civil liability of the shipping carrier of goods, its basis and scope in Islamic jurisprudence and law, and the fourth and final chapter on liability lawsuit On loss and damage of goods in Islamic jurisprudence and law. Then she concluded this research with the most important results, including: • Negative liability is based on the element of error that is based on eligibility. As for the Sudanese Civil Transactions Law of 1984 CE, it has taken a harmful action that does not depend on eligibility, but depends on the act and the result of the act and the relationship of causation. What fell still. • The basis on which international agreements were based to determine the responsibility of the shipping carrier for the goods in which it relied on the tort liability approach, i.e. the presumed error, if the result was not achieved, which is the delivery of the goods in their condition at the port of duty, the tort liability is based. Among them, that is, the damage when it occurs is removed. Among the most important recommendations are the following: • Paying attention to maritime law by learning it and spreading its culture and establishing specialized colleges in the study of maritime law and technology due to their importance and adopting the maritime law course as one of the basic subjects in law schools in Sudan • The necessity to sign and ratify the international agreements mentioned in the body of the research and organizing the process of maritime transport of goods until the judiciary and arbitration rulings are settled in adjudicating such cases. I think that it is my contribution to human thought in the manner recommended in the research. Then I accompanied the research with indexes of the Qur’anic verses, noble prophetic hadiths, the index of media, and a list of sources and references. ,,, I ask God for success and payment ,,,