Original scientific paper
A contribution to contemporary interpretation of the concept “inconsiderate disregard of imminent damage”- on the basis of the case in common law
Ivo Grabovac
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Abstract
('The syntagma “inconsiderate disregard of imminent damage “ from the Croatian Maritime Code', 'taken from the texts of many international conventions on maritime property law, is behaviour that', 'signifies the loss of rights to limit responsibility for compensation to the vessel owner, ship operator', 'or transporter. Since the Visby rules of 1968 (Protocol on amendments to International Convention', 'on harmonising rules on cargo ships, in 1924 the Hague Rules) till today (United Nations Convention', 'on the Carriage of Goods by Sea, in 1978, the Hamburg Rules, UN Convention on Contract for', 'the International Carriage of Goods wholly or partially by Sea in 2009, the Rotterdam Rules, all', 'conventions on the responsibility of sea carriage of goods are expressed in the same way. That', 'expression emerges from the proliferous common law system (recklessness) and causes conflicts in', 'interpretation. The dilemma is over the level of guilt because certainly “ inconsiderate disregard of', 'imminent damage” is not intentional and the extent to which there are elements of extreme (gross)', 'carelessness in that content is not able to be totally clarified neither in theory nor common law.', 'Correct assessment of the concept depends also on the right to limit carrier responsibility. Therefore,', 'interesting commentary arises in a current case in French common law due to the contradictory', 'viewpoints of courts in the assessment of the factual situation.')
Keywords
inconsiderate disregard of imminent damage; interpretation of guilt; limit responsibility; loss of rights; common law
Hrčak ID:
86675
URI
Publication date:
17.9.2012.
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