Original scientific paper
Legal effects of protest in carriage of goods and passenger luggage by sea
Ivo Grabovac
Abstract
The legal institute of protest is of great importance for the consignee of goods and for the passenger in carriage by sea. Timely and valid (written) protest presupposes, until counterevidence, that the protest about damage on goods or luggage is true. It should be taken into consideration (because of the required terms) whether it is the matter of visible damage or whether it could not have been noticed. In carriage of passenger luggage, it is important for the validity of protest to distinguish cabin luggage from other (checked-in) luggage.
If the consignee has not lodged a protest, or if it has not been lodged in due time, on the basis of the Hague rules and national legislations which have adopted them (as the Croatian Maritime Code has), it is considered, in fact presumed, until proved contrary, that the goods have been checked in as they are listed on the bill of lading or as they are taken for carriage if the transport document has not been issued. By failure to lodge a valid and timely protest, the consignee does not lose the right to require compensation for damage from the carrier. This only invokes the presumption of iuris tantum. It actually means that the consignee will be able to – in spite of the failure in connection with the protest – by admissible means of evidence, challenge the legal presumption that the carrier has validly fulfilled his obligation at the moment of checking in the cargo. In passenger transport legal effects are the same as in cargo transport by sea. Namely, if the passenger has not lodged a written protest in time, it is presumed that the luggage has been received in proper condition until proved contrary.
Keywords
carriage by sea; the institute of protest; Maritime Code
Hrčak ID:
5125
URI
Publication date:
20.4.2006.
Visits: 2.579 *