Other
The legal nature of carrier's commercial obligations - the interpretation of the Article III, r 2 of the Hague-Visby Rules
Ivana Oršulić
; Jadranski zavod HAZU, Zagreb, Hrvatska
Abstract
Under the common law the duty to load, stow and discharge the cargo prima facie
rested on carriers but it could be transferred to another entity. The article III, r 2 of the
Hague-Visby Rules, proscribing that “…the carrier shall properly and carefully load,
handle, stow, carry, keep, care for, and discharge the goods carried”, does not impose
upon the carrier an inescapable personal obligation to perform the functions described
therein, but defines the standard of proper and careful performance of those functions
in case the carrier contractually undertakes to perform them. Thus, an agreement
which transfers responsibility for loading, stowage and discharge from the carriers to
shippers, charterers or consignees is not invalidated by art. III, r. 8.
Keywords
case - review; carrier's commercial obligations; Hague-Visby Rules
Hrčak ID:
41953
URI
Publication date:
30.8.2009.
Visits: 2.115 *