Review article
Legislative and theoretical principles in interpreting accidents of the sea as ''excepted perils'' in the carriage of goods by sea
Ivo Grabovac
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Abstract
This paper deals with accidents of the sea, generally termed ''perils of the sea'' and considered to be among the most controversial cases within the framework of the institute of ''excepted perils''. A comparison is made between different legislative terminologies in various legal systems. A special emphasis is put on theoretical analysis of legal effects of accidents or perils of the sea, and some points of view are presented as expressed in numerous works in domestic and foreign literature.
In conclusion the author points out that accidents of the sea, since they are peculiar to the sea and its elemental violence and therefore inherent in maritime navigation, can be accepted as exceptions if they represent extraordinary and insurmountable perils of the sea endangering vessels and their cargoes.
Keywords
sea accidents; excepted perils; carriage of goods by sea; perils of the sea;
Hrčak ID:
209193
URI
Publication date:
29.4.1992.
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