saeid mansoori

Maritime transport is one of the constant features of human life, which is generally associated with a place and geography. In this industry, time is a vital element, so the delay and detention of the ship should be avoided as much as possible, and the damages for detention and how to compensate it has always been one of the important issues in maritime law. In each charter parties, in order to avoide from detention of ship during the loading and discharging operation, term is predicted as demurrage. Demurrage is a form of obligation, meaning that the charterer is required to pay a certain amount to the ship owner in exchange for stopping beyond the time allowed for loading and discharge. Therefore the charterer must consider the capacity and facilities of ports of origin and destination for optimal use of time, as a result, taking into accidental risks for example sanctions, give him/his an allowed time for loading and discharge. Because which can prevent the performance of voyage charter parties. The issue discussed in the present article, is realized only in certain voyage charter parties and maritime bill of lading that includes a charter parties. So in this article we are trying to answer the question of who is responsible for the delays in loading and discharge ships and can regional mechanisms prevent detention of ships? With a descriptive- analytical approach, we will seek a convincing answer to it.

There is no doubt in this issue the defect of compensation in fact is defect of goods liability but there is disagreement about nature of it, that is contractual liability or non-contractual liability and if it is a contractual liability, is it physical liability or mental liability that were referred to it by some eminent Islamic jurists or it is a legal damage. The results of discussion appear in this issue that if the the orderliness of the goods is considered an essential condition, the lack of it ,is an indication that the Seller did not satisfy his/her obligations and therefore the contract is invalid. and if the orderliness of the goods is part of it, discovery of defect generates an option of termination. This article is about analyses of such discussion with study in view of civil code and in finally we deciding proved that the defect of compensation is based on legal damage.