Other
Carriage of goods by sea - Applicable law : [case review]
Andrija Eraković
; Zagreb, Hrvatska
Abstract
The bill of lading contains a clause on application of law (Paramount Clause), according to which the Hague Rules will apply if adopted in the country of shipment. In case that these Rules are not in force in the country of shipment, the law of the country of destination will apply. If it is a question of a dispute which is not regulated by the Convention containing Hague Rules, the corresponding law will apply. If the country of shipment and the country of destination are not parties to this Convention, the court will, by virtue of the contractual clause, apply Yugoslav law as the law of the ship operator's country. Ship operator is liable for the cargo from the time he has taken it over, till the delivery at the stipulated port of destination. This liability is not affected by the fact that the cargo is usually discharged at another port and is carried by land to the stipulated port of delivery on the ship operator's expense and risk. If the ship delivers the cargo at another port where the cargo is ordinarily discharged, he is liable not only for the election of a warehouseman but also for his work. He is also liable for the damage resulting from the fact that the cargo could not be placed in a covered storage. The consignee is only obliged to receive the cargo at the stipulated port of destination, without regard to the fact that the ship operator informed certain person (''notify address'') of the ship's arrival at the port of discharge. If the ship operator has not taken care of secure warehousing of the cargo at the port of discharge, it is a question of his personal gross negligence and he is without limits liable for the damage.
Keywords
case review; carriage of goods by sea; ship operator's liability; limitation of liability; Paramount Clause; port of discharge; port of destination; warehouse for cargo;
Hrčak ID:
213843
URI
Publication date:
27.12.1990.
Visits: 864 *