Claim of Transport Commission Agent Liability and Compensation Provisions
Through examining the transport commission agent liability, it is clear to us the heavy burden of transport commission agent liability. The legal nature of the transport commission agent commitment is the nature of commitment to achieving a result. The liability claim in the transport commission agency contract has two types, first, a claim in which the assignor or consignee demands compensation for damages and secondly, a claim in which the transport commission agent demands compensation to be paid by the person who causes damage. Therefore, the assignor and transporter shall return directly to each other to claim the rights of the transport contract. The passenger or consignee and transporter shall return directly to each other to claim the mentioned rights. In all cases, the transport commission agent shall be implicated in the claim.
Since the legislator has prevented the agent of the transfer commission from establishing any conditions exempting him from liability in cases of loss and damage, he is obliged to compensate his client for full damages, except for the cases where the agent requires the transfer commission to determine his liability within the limits permitted by law, and we will know the provisions of compensation whether the compensation agreement or judicial compensation.
Eventually, the prevailing trade development as well as the profession of transport commission agency, its importance and resulting legal disputes and problems led to carry out this study to identify the transport commission agent liability and its limits. In this study, we also deal with applying this liability through liability claim, how to dismiss this claim, and finally how to calculate the compensation.
Abu TairM., (1996), “The effects of the agency contract commission in Jordanian law”, Master Thesis,University of Jordan.
Ahmad A. F., (W. D.), commercial contracts and banking operations in accordance with the provisions of Law No. 17 of 99, the ALjalaaAl Jadeeda, Mansoura, Egypt.
AlBaroudi, A., & Al-Oraini M., (2004), Commercial Law (Commercial Contracts - Banking Operations) in accordance with the provisions of the Trade Law No. 17 of 1999, New University publishing.
AlBaroudi, A., (1957), “The standard of distinction between agency by commission and ordinary agency in Kuwaiti law”, Journal of law &Economics, 7th Year (1956 - 1957) Issues I and II.
Alekaily A., (2017), The Intermediary in explaining commercial law (business, commercial contracts, traders, store), 1st edition, Amman, Dar Al Thaqafa for Publishing & Distribution.
AlQaliubi, S., (1975), Agency Commission in Kuwaiti Law, Journal of Law and Economics (September - December), No. 3-4, p. 45.
AlQalyoubi, S., (2015), the Intermediary in explaining the Egyptian trade law (2nd, Vol.,), Alnahda Al-Arabiyah publishing house, Cairo.
AlSanhouri, A., (1958), Mediator in explaining the Civil Code.
AlSarayra M., AlZu'bi, A., (2013), Civil liability of the commission agent for transport: A comparative study between the Jordanian and Moroccan laws, Al-Manara Journal for Research and Studies, Vol. 19, Issue 1.
AlSharbini E., (2000), “The New Commercial Law 1999 the first book, “commitment and commercial contracts, 1999 – 2000.
Hamdallah M. H., (1992), Commission Agent for Transportation (Comparative Study between Egyptian and French Law), Dar Al-Nahda Al-Arabiya.
Hassan S., A., (2003) “The Legal Framework of the commission Agent for Transportation in accordance with the Trade Law No. 17 of 1999”, New University Publishing House.
Hassan, S. A., (2004), “Legal regulation of the multi-Transport operator liability”, Knowledge Foundation, Alexandria.
Legal principles of the Court of Cassation in human rights cases.Journal of the Jordanian Bar Association.
Prairie M., M., (2008), “Commercial Transactions Law, Commercial Obligations and Contracts”, Dar Al-Nahda Al-Arabiya, Cairo.
Shafeeq, M., (1955), “The Intermediary in Egyptian Commercial Law (Part II)”, Union of Universities Press, Alexandria, Second Edition
Taha, M. K., (2005), “commercial contracts”, University Thought House, Alexandria.
Yahya, S., (1977), “Commercial Agents”, Journal of law & Economics, September & December.
Yamilky, A., (2010), Commercial Law- comparative study – 1st. part., 1st ed., Dar Althaqafa Publishing & distribution House, Amman, Jordan.
Younis, A. H., (1968), “Commercial Contracts”, AlfikrAlrabi publishing house.
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