Original scientific paper
Freedom of contract and the carriage of goods by sea in the Croatian Maritime Code
Velimir Filipović
; Pravbni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Abstract
The author in his article analyses the types of maritime contracs of the carriage of goods by sea as well as the parties of the contract and tries to answer the question how free is the operator (the carrier) to impose his terms on the contracting party. In the Croatian Maritime Code the contractual freedom is submitted to well defined limits. They are mandatory rules which provide that any contractual stipulation which derogates directly or indirectly from the Hague-Visby Rules and the Croatian Maritime Code, which is in agreement with them, shall have no legal contain the mandatory provisions of the Croatian Maritime Code. He concludes that these provisions are already signs within the field of law of carriage of goods (CMI Rules for Sea Waybills) that in the future greater reliance will be placed upon freedom of contract and less upon mandatory law.
Keywords
carriage of goods by sea; freedom of contract; Croatian Maritime Code; mandatory rules; Hague-Visby Rules
Hrčak ID:
201672
URI
Publication date:
20.12.1995.
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