الاعلام و العلاقات الثقافيةThe College of Law at Al-Nahrain University discussed the master’s thesis entitled “Insurance against the Civil Liability of the Shipmaster”, submitted by Ayat Hassan Fadhil, a postgraduate student in the Department of Private Law.
Significance of the Study
The significance of this study lies in the fact that, while managing the vessel and during its voyage, the shipmaster makes deliberate decisions that may either result in benefits or cause harm, giving his role considerable legal and practical importance. This importance is further enhanced by the shipmaster’s legal relationships with the shipowner, cargo shippers, and consignees, as well as by the fact that the performance of his duties is governed by two types of rules: scientific and technological rules relating to the operation of the vessel, and legal rules governing the management of the vessel and the preservation of the cargo carried on board.
The study also highlights the importance of distinguishing between errors committed by the shipmaster that may be insured against and those that are not insurable, in accordance with Article (198) of the Ottoman Maritime Commercial Code, and the resulting legal and practical implications.
Objectives of the Study
The study aims to analyze the legal framework governing insurance against the civil liability of the shipmaster by defining the nature of the shipmaster’s errors, determining their insurability, and distinguishing between risks covered by insurance and those excluded from coverage.
It also seeks to identify the obligations of both the insurer and the insured and to clarify the effects of the insurance contract, particularly with regard to the mechanisms of legal subrogation when the insurer seeks recourse against the liable third party.
Furthermore, the study aims to identify shortcomings in the Ottoman (Iraqi) maritime legislation by comparing it with English and Egyptian law, in order to assess the adequacy of the existing legal provisions in addressing practical issues.
Finally, the study seeks to propose legal solutions that contribute to developing the legislative framework and enhancing the effectiveness of marine insurance as a risk-management mechanism, while achieving a balance between protecting the shipmaster and safeguarding the rights of injured parties.
The discussion committee consisted of:
- Asst. Prof. Dr. Raad Hashim Amin – Chairperson
- Asst. Prof. Dr. Rusal Abdul-Sattar Abdul-Jabbar – Member
- Asst. Prof. Dr. Ali Fadhala Musa – Member
- Prof. Dr. Akram Fadhil Saeed – Supervisor
Following the discussion and evaluation of the thesis, the committee decided to accept the thesis subject to the required amendments and recommended awarding the student the master’s degree.
#Media_AlNahrain_Law
