A Systematic Study of the Rights and Obligations of the Parties in Ship Charter Contracts within the Framework of Iranian Maritime Law
Subject Areas : Maritime lawMohsen Falah 1 , Khatereh Derogar lichahi 2
1 - Assistant Professor of Public International Law, Department of Law, Faculty of Humanities, Nowshahr Branch, Islamic Azad University, Mazandaran, Iran
2 - Master’s Student of Private Law, Department of Law, Faculty of Law and Political Science, Chalous Branch, Islamic Azad University, Mazandaran, Iran.
Keywords: Obligations, Contract, Ship Charter, Maritime Transportation,
Abstract :
This study examines the rights and obligations of the parties to ship charter contracts through a systematic approach based on the regulations of Iranian maritime law. As one of the key legal instruments in maritime transportation activities, the ship charter contract plays a significant role in regulating the relationship between the shipowner and the party utilizing the vessel, and its efficiency has a direct impact on facilitating the transport of goods and passengers. The legal framework governing this contract in the Iranian legal system, particularly the Maritime Law of 1964 and the supplementary provisions of the Civil Code, determines the principles and rules related to the nature, conditions, and effects of these obligations. The research adopts a descriptive-analytical method, and the data have been collected through library resources, legal documents, and specialized texts. The findings indicate that features such as consensuality, consideration, the binding nature of obligations, as well as the specification of duration and subject matter, contribute to transparency in the legal relationship between the lessor and the lessee and provide the necessary basis for contractual flexibility. The results of the study show that the Iranian maritime legal system, by clearly defining the rights and duties of the parties, has provided the grounds for the effectiveness of this contract and the enhancement of legal certainty in the process of maritime transportation.
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