This study has been an attempt to find a legal and regulatory framework to monitor online stores under Jordanian legislation. The need for such a framework has become even more urgent, especially after the COVID-19 pandemic that has adversely affected traditional trade, and contributed to the increase in commercial transactions concluded via the internet. Therefore, it is necessary to understand the essence of the online store and the extent to which owners of such online stores can be subjected to the same obligations of the traditional merchant. This is to enable the relevant authorities to regulate the activities of the online store and these regulations will have to be consistent with the provisions of the country’s legal framework. The present study has also identified the key challenges encountered by online stores when carrying out their activities. In conclusion, the study has proposed some suggestions which were based on existing legislations regulating electronic commercial transactions. These suggestions were aimed at harmonizing the legislations of developing countries with the existing international legal rules regulating online stores.
This article discusses the case where the efforts of the issuing bank prove futile to recovering the payment - paid to the beneficiary - from the applicant of the letter of credit. In particular, when the sold goods - the subject matter of the letter of credit - received damaged or lost. This scenario is envisaged when the applicant refuses to make the payment imposed under the letter of credit. The necessity of discussing this matter is to clarify whether or not the issuing bank can be subrogated to the beneficiary’s rights acquired under insurance contract. The analysis will focus on the English law and Uniform Customs & Practice for Documentary Credits (UCP600), in order to illuminate the legal grounds on which the issuing bank can stand so as to enjoy such rights, through which the paid fund can be reimbursed.
This paper tends to clarify implications of delivery of goods performed by a maritime carrier to a consignee at the place of destination; particularly, a delivery made without receiving the original bill of lading in exchange for the goods delivered to the consignee. In spite of the importance of such delivery, none of the related international conventions has addressed the implications of such a delivery for the liability of the maritime carrier. This gap has given rise to inconsistency between the approaches adopted by various jurisdictions worldwide, and such a divergence will contradict the fundamental international principle of unifying the international maritime rules. Hence, the study is discussing the area of ambiguity under both the English and the Qatari law to reach some suggestions that could be adopted under both jurisdictions to clarify the legal position of maritime carriers as well as to protect them from liability arising under this delivery.
This paper addresses the legal implications of COVID-19 upon the procurement of marine cargo insurance cover. It clarifies the relationship between warranty of seaworthiness and duty of disclosure, both of which are imposed upon the insured cargo owner under contract of marine insurance. The paper discusses the effect of COVID-19 that the insured cargo owner may invoke to rebut the allegation of not satisfying the duty of disclosure in terms of the seaworthiness of a vessel, which may deprive the insured cargo owner of compensation. The study deploys qualitative and black letter approaches by analysing English and US law, and the relevant international documents. The authors suggest that US law should adopt the same approach as English law, so that the insured cargo owner will not be forced to prove the relation between the restrictions imposed under COVID-19 and its failure to disclose material facts related to seaworthiness.
This article discusses the maritime carrier’s effect on the transfer of ownership between contracting parties to international sales. The discussion initially focuses on the relevant provisions of the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG), and Incoterms 2010 Rules as international instruments. It will also cover the provisions of the Jordanian Civil Code 1976 (JCC) as a domestic statute. The necessity to examine the maritime carrier’s influence on transfer of ownership lies in the impact it can exert on a buyer’s right to acquire ownership that may deprive him of selling the goods in transit. This article will point out the obstacles encountered when determining the timing for transfer of ownership. The study proposes some suggestions through which the role the maritime carrier plays in the transfer of ownership can be recognised and the time when transfer of ownership occurs can be easily determined.
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