Prepared by: Dr. Hussain jebur Al- Taie
Maritime sales constitute a distinctive type of international sales, which, in turn, represent a form of commercial contracts that hold significant importance in contemporary international trade.
Maritime sales can be defined as “commercial contracts of a special legal nature, whose subject matter consists of movable goods (merchandise and commodities) transported across seas, usually from the seller to the buyer.”
The emergence of maritime sales is associated with the stage of “legitimate commercial maritime transport,” during which maritime sales were historically referred to as “VENTES À L’ARRIVÉE” (sales upon arrival). A key characteristic of these sales was that ownership of the goods did not transfer to the buyer until their arrival at the designated port.
The seller’s obligations, upon entering into such a contract, include shipping the specified goods, insuring them, and bearing the risk of their loss during the maritime transport.
The substantial qualitative development in maritime transport, in terms of both capacity and speed, led to the emergence of maritime sales types that align with the realities of modern international trade, such as C.I.F. (Cost, Insurance, and Freight) and F.O.B. (Free on Board) sales.
Maritime sales have been regulated internationally through the introduction of standard contracts (CONTRATS-TYPES), which include provisions regarding transaction procedures and appropriate solutions for disputes that may arise. The most significant of these internationally recognized contracts include:
• The standard contract approved by the London Corn Trade Association.
• The Paris model of 1922.
These contracts, however, were deemed insufficient, prompting the convening of an international conference in Warsaw in 1928, where general and simplified rules for maritime sales were established. Subsequently, the International Law Association in New York and Oxford organized an international conference in 1932, introducing several amendments to the previously approved regulations.
Despite advancements in all modes of transport, maritime transport remains of great significance in international trade, particularly for commercial activity among countries with extensive and distant maritime borders.