Other
Shipping agent - relations between the shipping agent and the person with whom he concluded the contract in the name of the principal : [case review]
Pave Dević
Abstract
The shipping agent acts and concludes contracts in the name of his principal. Unless the shipping agent has personally undertaken to fulfill the obligations arising from the contract concluded, he is not liable for these obligations. The agent is primarly obliged to take care of his principal's interests and not of the interests of the person with whom he has concluded a contract in the name of his principal. Although it is the custom for the principal to give to the shipping agent an advance for his expenses and remuneration as well as a deposit for the satisfaction of third party claims, this does not mean that the shipping agent is obliged to make this deposit. It is the duty of the port warehouseman and the stevedore, and not of the shipping agent, to secure the payment of their claims by demanding the arrest of the ship. The agent is liable if he expressly undertakes to pay his principal's debts and if he incorrectly informs the port warehouseman or the stevedore that his principal has deposited the appropriate amount for the settlement of his obligations.
Keywords
case review; shipping agent - contract;
Hrčak ID:
208999
URI
Publication date:
30.11.1992.
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