Original scientific paper
Contractual liability of the carrier in transport by inland waterways
Jasenko Marin
Abstract
The subject-matter of the paper is the analysis of contractual liability of the carrier in transport by inland waterways.
Concerning international transport of cargo, this matter has been regulated by the Budapest Convention on the Contract for the Transport of Goods by Inland Waterways (CMNI), adopted by the Republic of Croatia
In regard to the transport within Croatia, relevant provisions of the Maritime Code are applied to the issue of the carrier’s liability for damage on cargo. The application of this regulation is indicated by the basic legal regulation – the Inland Waterways Navigation Act, which, however, does not contain any special provisions regarding the matter of the contract on transport. Such a solution of the legislator is not entirely adequate since it does not take into consideration differences between inland and maritime navigation.
Comparing the mentioned internal and international sources of law, it can be concluded that there are numerous significant differences between the CMNI and the Maritime Code in respect of the regulation of important issues connected with the carrier’s liability for damage on cargo.
It is necessary to harmonise international and national legal regulation in this segment by amendments to the Inland Waterways Navigation Act.
At the moment there is no international convention in force which would systematically regulate the matter of the carrier’s liability for damage in the transport of passengers and luggage by inland waterways. Thus, in Croatian law, both in international and national transport, provisions of the Maritime Code are applied as subsidiary. These provisions are made according to the Athens Convention on the Transport of Passengers and Luggage by Sea.
In this context, the legal status of passengers in inland navigation and maritime transport is equalized, which is an acceptable solution.
Keywords
inland navigation; liability of the carrier; transport of cargo; transport of passengers and cargo
Hrčak ID:
5105
URI
Publication date:
20.6.2006.
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