Izvorni znanstveni članak
Limitation of carrier's liability for the cargo damage in the carriage of goods by sea
Časlav Pejović
Sažetak
The limitation of liability represents an exception from the general principle of the civil law, according to which the party responsible for the damage has the duty to compensate it in full.
In the maritime law there are two kinds of limitation of liability. The first is the limitation of liability covering all cases of carrier's liability and the second relates only to the liability for cargo damage. This article deals only with the second kind of the limitation of liability.
The problem of limitation of liability is regulated by several international conventions: Hague Rules, Visby Rules and Hamburg Rules. The former Yugoslavia has ratified only the Hague Rules but its Maritime and Inland Navigation Law was also based on the Visby Rules. All these conventions base their provisions concerning the limitation of liability on the concept of unit and package, which are not very precise and therefor often differently interpreted. Moreover the use of containers has made the problem more complicated.
In the beginning, the amount of limitation was expressed in pounds of sterling, later in Poincare francs and now in Special Drawing Rights. These changes were directed towards increasing the amount in accordance with the world's inflation and towards reaching the stability of this amount.
There are two cases when the carrier can lose the right to limit his liability. First, when the shipper states in the bill of lading the value of the cargo. Second, when the carrier has caused the damage by acting intentionally or with gross negligence.
Ključne riječi
carrier's liability - limitation; carriage of goods by sea; cargo damage;
Hrčak ID:
208023
URI
Datum izdavanja:
12.11.1993.
Posjeta: 601 *