Review article
https://doi.org/10.3935/zpfz.75.4.6
Historical and Contemporary Developments of the Maritime Carrier’s Liability and Its Application to Third Parties Who Are Not Parties to the Contract of Carriage
Boris Jerman
; Port of Koper, Port and Logistic System d.d., Koper, Slovenia
Abstract
This article examines the development of the maritime carrier’s liability in the carriage of goods by sea and its extension to third parties who are not parties to the contract of carriage by sea. The focus is on examining the basis of the maritime carrier's liability as it has developed throughout history. The analysis begins with the period of Ancient Rome, where transportation was regulated by the contractual type of locatio conductio, which was based on fault liability. However, under the Praetorian edict, the maritime carrier’s liability began to be assessed based on strict liability. This liability remained unchanged until the 19th century, when advancements in shipping technology increased the maritime carriers’ bargaining power. They began, on the basis of the principle of contractual freedom, to insert provisions into the bill of lading by which they exempted themselves from any liability. For this reason, regulations were introduced at the national and international levels requiring the maritime carrier to make the ship seaworthy with due diligence. Mentioned obligation could not be excluded by contractual provisions. This resulted in the maritime carrier becoming liable on the basis of fault-based liability. Trends in maritime transport liability continue to move away from the basic postulates of civil and common law, namely that contracts bind only the parties. Under the Himalaya Clause doctrine, other participants in maritime transport and in certain cases also in inland transport, which is related to maritime transport, began to invoke the liability provisions applicable to the maritime carriers, although they were not parties to the contracts that they concluded with their customers.
Keywords
locatio navis; locatio rerum vehendarum; Harter Act; Hague Rules; Hamburg Rules; Rotterdam Rules; seaworthiness; Himalaya Clause
Hrčak ID:
341527
URI
Publication date:
17.12.2025.
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