عقد المناولة بالموانئ : دراسة مقارنة على القوانين الداخلية وا لاتفاقيات الدولية

الملخص EN

The aim of the studywas to demonstrate the legal adaptation of the port handling contract as a comparative study of domesticlaws and international conventions.

The researcher has thereforeused the legalmethod to analysejudicialdecisions, as well as the comparative method to identify the reality of port contractsbetweenMoroccan and foreignlegislation and to analyse the requirements and problemsthat have formulated the present and then look forward to the future.

The studyproduced a series of findings, the most important of which.

As we have said, the absence of legislationregulatingthe port handling establishment createsconsiderable confusion on the part of the judiciary.

This isalso due to some of the requirements of the Hamburg Convention, alsogiving quick resolution to disputes relating to maritime tradecontracts by clarifying the laws applicable in maritime disputes, bothspeciallaws and generallawssuch as the law of international obligations, contracts and conventions, and by clarifying the position of the judiciary, whichalsomakesit possible to become a legislator in commercial law.

I also recommended a set of recommendations.

theneed for a competent maritime jurisdiction at the level of the Commercial Courts, Commercial Appeals and Court of Cassation, and the need to encourage investment by the privatesectorthrough the simplification of the Maritime Material Lines.