English abstract
The study aims to clarify the responsibility of the marine carrier in accordance with the Omani Maritime Law No. 35/1981 and Convention on the Carriage of Goods by Sea 1987 (Hamburg). The marine transportation plays a vital role in the economic development whether at the regional or international level.
I attended at the opening of my study to point out the historical importance of the Sultanate in the marine transportation as well as the subjective significance of the study from scientific and practical point of view.
It is an urgent need to issue legislatives and their updates in order to cope with the latest development and this is stated at the preface of the study.
In the following stage, the study deals with its necessary concepts most importantly the Sea Carriage Contract, this is deemed the basis of the liability of the sea carrier including all aspects of this contract. In addition, Bills of lading, which is regarded the most important document in the Sea Carriage Contract, and its functions and how to approve it. It is a key by which we will be able to determine the liability of the carrier; this is argued in the preparatory chapter of the study.
The first chapter of the study discusses the obligations of the sea consigner that are binding by the law when shipping goods from the port of loading to delivery to the consignee in the arrival port.
The second chapter talks about the responsibility of the sea carrier towards the consigner on damages, loss or delay causing to goods resulting from the failure of the carrier or his associates.
The study also discusses the exemptions given to the carrier, which are constituted in the Oman Maritime Law in articles (252,259,260). The study establishes the liability of the carrier as regards to the compensation obligations in case of damages, loss or delay causing to goods. It included the advantages and defects of the Omani Maritime Law and Convention on the Carriage of Goods by Sea (Hamburg).
The study concluded a number of findings and recommendations that I hope the Omani legislator will take them into consideration.
