Original scientific paper
Legal personality, liability and role of performing party according to The Draft Instrument on the Carriage of Goods (Wholly or Partly)(by Sea)
Vesna Skorupan
orcid.org/0000-0002-1591-7247
; Jadranski zavod HAZU, Zagreb, Hrvatska
Abstract
This paper analyses the provisions of the Draft instrument on the carriage of goods wholly or partly by sea, which deal with the performing party, examine the conditions which have to be satisfied for a person to have a status of the performing party, as well as the issue of his/her liability according to different liability concepts, such as uniform liability system, network liability systm and limited network liability system.
The article in particular deals with the objectives of the new Draft, its scope of application, the political context in which it has been developed and the main disputable issues in its development so far.
Also the author provides a comparative analysis of the definition and status of the persons analogous to the performing party in the conventions governing carriage of goods by sea and by other ways of transportation as compared to the arrangements provided by the Draft.
The Draft is aimed at regulating, in a comprehensive and contemporary manner, the issue of legal personality, liability and role of the performing party in modern commercial transport, where carriers almost always subcontract one or all of their contractual obligations under the carriage contract. Inclusion of certain adaptations and specific provisions is due to the convention being applicable to carriages ''from door to door''. The final outlines of legal framework of the status and liability of the performing party at this stage of preparation of the instrument have not been defined completely, and different proposals and arguments are being taken into consideration in a critical manner.
Keywords
carriage of goods; Draft Instrument on the Carriage of Goods (Wholly or Partly)(by Sea); actual carrier; performing party;
Hrčak ID:
8881
URI
Publication date:
2.8.2006.
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