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Warranty papers and their proofs in proofing In light of the Iraqi Transport Law No. 80 of 1983 (A comparative study) | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 10, Issue 1, 2018, Pages 508-568 | ||
| Author | ||
| Lec.A.Fatima Abbas Al-Kinany | ||
| Abstract | ||
| Bill of lading is a possession of transported goods, which is so important function, as we can through it to deal with goods which it is on the road before arriving at the port of destination, the data contained in policy as a basis for estimating the price paid by the buyer versus the goods, and the delivery of the goods, It is also that the delivery of bill as a delivery for the same goods , but the procedure was on that the bill of lading contain private reservations data announced by the shipper for the goods, these reservations as it weakens the strength of the bond as evidence of the condition of the goods and obliges the receiver - the purchaser or mortgagee -substantiate on the amount and condition of the goods, which claimed by the carrier. These reservations do not encourage trading on the goods represented by a bill of lading which is not conclusive in significance , therefore the Chargers invented a way to clearance the bills of lading from these reservations, so that theshippergives a against sheet or a promise or letter of guarantee - as some people call it- for the carrier to guarantee what to ensures what he hurt from due to lack of data validity which the charger wants to include itin the bill writ to accept of the carrierto ensure the cleanliness of the bill - that is free from each reservation - in addition, the shipper cannot borrow from financial institutions based on ensuring of the goods, because the banks, for their part are also free to grant such loans for not being sure of the goods case and the price to estimate the amount of the loan, considering what it entails given by the insurance documents of the damage leaves may cause to the third party (the receiver or the ownership of the goods) so it have been work that no effect of the insurance documentstowards third parties , and that the value of this paper is restricted to the shipper, who was signed on it and the carrier who just accepted. | ||
| Keywords | ||
| Warranty papers; proofs in proofing; Iraqi Transport Law No; A Comparative Study | ||
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