The lacuna in the Rules Governing the Transport of Persons and Things (A Comparative Study)

Abstract

The transport of persons and things is one of the most important activities exercised by the human being since ancient times, in land, water and air.

          Notwithstanding that our Iraqi legislator tackled the rules of this activity in the various laws, especially the laws of commerce No. (60) of 1943 and No. (80) of 1983, these rules still suffer from several lacunas, which needs to be enlightened to reach the higher level of governing this activity.

          To facilitate the acquaintance of the subject, we divided this research into three sections. The first on the lacuna of the rules concerning the transport of persons. The second on the lacuna of the rules of the transport of things. While we consecrated the third section to the civil liability of the parties in the contract of transport.

          We came in the conclusion to that this lacuna requires the intervention of the legislators for the perfection of the legal rules governing transport.