The Corona pandemic and its impact on the carrier's liability under the Kuwaiti Maritime Trade Law and the Rotterdam Rules of 2008.

Document Type : Original Article

Author

College of Law - University of Sharjah

Abstract

According to reports issued by the World Health Organization, the Corona pandemic will end sooner or later, and in an attempt to stop the negative effects of the Corona virus (Covid-19), which has affected beyond any doubt our daily lives and in many legal, economic, social and other fields, it has necessarily become that its effects will extend to civil, procedural and similar legal aspects, which must reconsider the obligations and responsibilities it places on debtors who have been bound by transport contracts under legal conditions. This means addressing the direct effects of this pandemic because of the impact it has caused on the implementation of contractual obligations, and perhaps when we extrapolate similar cases that occurred in the past, we can predict what will happen from the imbalance in the implementation of international and local contractual obligations. Financial turmoil is a natural consequence of such an international pandemic that has left its mark on maritime transport contracts, the most important link in the transport chain, which constitutes (80-90%) of the goods transported between the countries of the world. This preamble forms the nucleus of the research that calls for identifying the legal impact of the Corona pandemic on the State of Kuwait by referring to both the Kuwaiti Maritime Trade Law of 1980, as well as the Kuwaiti Civil Code and the legislation issued by the State of Kuwait to address the effects of this pandemic, in order to reach results and recommendations that benefit the public researchers in this field.

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