Original scientific paper

The carrier's liability in the Draft Convention on the Carriage of Goods (Wholly or partly) (by Sea)

Vesna Skorupan Wolff orcid.org/0000-0002-1591-7247 ; Jadranski zavod HAZU, Zagreb, Hrvatska

Abstract

In this article the author gives a presentation of the provisions of the Draft Convention on the Carriage of Goods (Wholly or Partly) (by Sea) which deal with the carrierʼs liability. Also these provisions are compared with the solutions of the current conventions which regulate the carriage of goods by sea. Different points of view and opposing arguments emphasized during the creation of this most recent unification instrument are pointed out.

Basis of liability and exclusions of liability are examined in detail. The object of the examination are also recent solutions in respect of defining and prescribing the liability of the performing party as a person who is directly involved in carriage business. Other important innovations are pointed out, like allocation of liability and burden of proof, carrierʼs liability for failure to provide information and instruction, vicarious liability of the carrier. The article also deals with the limitation of liability and the loss of the right to limitation, as well as with cogency of provisions on limitation as important issues which affect the regime of the carrierʼs liability. The multimodal problem of the field of application is also analyzed, as well as the relation of this instrument towards other conventions which regulate the carriage of goods.

The Draft Convention attempts to regulate in a comprehensive and contemporary manner the question of liability for damage from the contract of the carriage of goods by sea. Its codification rules are contemporary and compromising. Numerous provisions from the existing international conventions which regulate the carriage of goods by sea, are adopted in order to retain case law which is established and
acceptable to the parties. New institutes are introduced and the existing rules changed in order to satisfy contemporary conditions of maritime activities.

Keywords

Draft Convention on the Carriage of Goods (Wholly or Partly) (by Sea); carrier's liability - basis; period of responsibility; exoneration reasons; limitation of liability; multimodal carriage of goods; carriage of goods by sea;

Hrčak ID:

16602

URI

https://hrcak.srce.hr/16602

Publication date:

1.8.2007.

Article data in other languages: croatian

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