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Liability of the ship operator for cargo shortage and damage - Limited liability on the basis of unit of cargo _ Paramount Clause : [case review]
Pave Dević
Abstract
Paramount clause, according to which the Hague Rules are applied legislated in the country of the flag of the ship, should be interpreted as if the parties to the contract of carriage had stipulated the application of Yugoslav law as the law of the flag of the ship and as if the operator's liability should have been limited on the basis of package or unit of cargo in accordance with Art.567 of the Yugoslav Maritime and Inland Navigation Law.
The limitation sum of operator's liability should be established according to the amount at the time when the cargo should have been delivered in the port of delivery.
Keywords
case review; ship operator's liability; unit of cargo; Paramount clause;
Hrčak ID:
215682
URI
Publication date:
18.12.1989.
Visits: 513 *