The relationship between seaworthiness and the duty of disclosure under the marine insurance contract : an analysis of UAE, US and English law
Other Title(s)
العلاقة بين الصلاحية للإبحار و واجب الإفصاح بموجب عقد التأمين البحري : تحليل لقوانين الإمارات العربية المتحدة و الولايات المتحدة الامريكية و المملكة المتحدة
Author
Source
Issue
Vol. 35, Issue 88 (31 Oct. 2021)25 p.
Publisher
United Arab Emirates University College of Law
Publication Date
2021-10-31
Country of Publication
United Arab Emirates
No. of Pages
25
Main Subjects
Abstract EN
This article examines the influence of seaworthiness of ship on the contract of marine insurance.
through the discussion the author will thoroughly analyse the relevant provisions of English, us and UAE law.
the article will start with an introduction on the seaworthiness of vessel and then, the obligation of seaworthiness of ship that will be examined under the rules of the contract of carriage of goods by sea.
the examination in this part will be dedicated to the relevant rules of contract of carriage of goods by sea under English law which adopts the hague-visby rules and us law that has been based on the Hague rules.
the discussion will also embrace the relevant provisions of the UAE law.
in the next title of this article the author will analyse the rules of disclosure obligation imposed under contract of marine insurance.
the analysis under this title will further be devoted to the rules of the contract of marine insurance under the aforementioned jurisdictions.
the analysis of the rules of disclosure obligation is undertaken in this article because of the role of this obligation as a point connects contract of carriage of goods by sea with contract of marine insurance.
this connection can clearly be identified through obligation of seaworthiness of ship, which is imposed upon the assured under the contract of marine insurance.
in the end of this article, the author concluded with some recommendations suggested to be adopted by UAE legislator.
these suggestions aiming to harmonise the UAE law with the worldwide and most applicable rules in the maritime insurance industry.
American Psychological Association (APA)
al-Dabubi, Dirar Husayn. 2021. The relationship between seaworthiness and the duty of disclosure under the marine insurance contract : an analysis of UAE, US and English law. Journal of Shariah and Law،Vol. 35, no. 88.
https://search.emarefa.net/detail/BIM-1340893
Modern Language Association (MLA)
al-Dabubi, Dirar Husayn. The relationship between seaworthiness and the duty of disclosure under the marine insurance contract : an analysis of UAE, US and English law. Journal of Shariah and Law Vol. 35, no. 88 (Oct. 2021).
https://search.emarefa.net/detail/BIM-1340893
American Medical Association (AMA)
al-Dabubi, Dirar Husayn. The relationship between seaworthiness and the duty of disclosure under the marine insurance contract : an analysis of UAE, US and English law. Journal of Shariah and Law. 2021. Vol. 35, no. 88.
https://search.emarefa.net/detail/BIM-1340893
Data Type
Journal Articles
Language
English
Notes
Includes margin notes.
Record ID
BIM-1340893