Lack of seaworthiness of its ship in cargo and ship charter contracts

Abstract

Seaworthiness is one of the fundamental concepts in maritime law that plays a decisive role in contracts for the carriage of goods, ship chartering, and marine insurance. The lack of this feature can have extensive legal consequences, including contractual and civil liability, deprivation of exemptions, termination of the contract, and challenges in the distribution of risk. This study, using a descriptive-analytical method and a library approach, examines the concept of seaworthiness in English law, international conventions, and Iranian law. The findings show that seaworthiness is not simply a physical concept, but also has technical, operational, managerial, and documentary dimensions. Iranian law faces serious shortcomings in defining this concept and separating responsibilities, and the 1964 Maritime Law does not respond to contemporary realities. This study raises the need for structural reform of Iran's maritime legal system by following the Rotterdam Rules of 2009 and paying attention to regional geopolitical crises such as the Strait of Hormuz.