The bill maritime Iraqi of 1987 did not address the issue of marine insurance, and referred this matter to the maritime trade law Ottoman of 6 / April / 1863, as indicated (m / 274 P 1) of the project to "The Law of Commerce maritime Ottoman of 6 / first spring / 1280 AH and modified except by Chapter XI of how security while organizing the provisions of the Marine Insurance Act. "
And when you return to Ottoman maritime trade law for the year 1863 we find it did not address the issue of cargo insurance through floating document any of its provisions,But he made no mention of insurance mediation documents specified duration, which is the document floating of the most prominent forms only in one article (1), an AD 208, which stipulates "If the guarantee for a certain time, get rid of the guarantor at the conclusion of that time sample content can him then that ensures its goods again about the dangers can occur in the future."
And notes on this text Alrkakh in wording and style, and he made no mention of the verdicts, which decides on the use of this type of document. Therefore, we find that he must be a statement of the provisions of this document when the issuance of a special law to address the issue of maritime trade of marine insurance.
Although we find that the draft Iraqi maritime trade law of 1974 had addressed the issue of insurance for floating through the document, or as expressed by the project open the document.
And notes on the draft Iraqi Maritime Law for the year 1974 (2), it did not provide a definition of the document floating (open).
The She AD 347 it to "1 - if signed insurance document open must be included with the conditions that committed under which both the insured and the insured and the maximum amount that undertakes pay for each shipment and insurance premiums, either goods insured and flights, ships and other data Vtaan annexes issued on the occasion of each individual shipment. "
We find through the text of this article that the Iraqi legislature did not provide a definition of the document floating, but that he had between the provisions of this document in terms of the agreement on the terms of the insurance and the upper limit of each shipment, and premiums that committed the insured pay, as well as the name of the ship and the amount of cargo transported is Takinha later Using supplements.
(1) pure wholesome Amin: insurance on goods transported by sea, Master submitted to the Faculty of Law, University of Baghdad, 1983, p 65.
(2) that the bill maritime trade Iraqi for 1958 has pointed to the policyholder floating in Article 293 thereof, as stipulated P 1 of this article on "the insurance of goods limited insurance policies called" floating "or documents" Subscribe "must Insured filed for the insurance policy statement committed believer to accept all correspondence charged to their account and for the account other people who entrusted him insurance by as much as dealt with documents provided that he himself The interest in the letter, "and through the text of this article does not find a definition of this document.
التسميات
Insurance nautical