Ostalo
Carriage of goods in containers by sea : Liability of the ship operator and the warehouseman who took over the cargo : [case review]
Pave Dević
Sažetak
The ship operator is not liable for a shortage of cargo he received in a sealed container if he delivers the sealed container to the consignee with the reservation ''said to contain'' included in the bill of lading, and if the consignor does not prove that he delivered to theship operator the quantity of cargo stated in the bill of lading. The fact that the cargo is in a sealed container makes the control of the quantity and contents reasonably impossible. The warehouseman to whom the ship operator delivered the cargo is under obligation to act in accordance with the Law on Obligations. This means that the warehouseman is obliged to deliver the cargo to the depositor in the same quantity and condition as he received it. If the shipping instruction for taking over and storing the cargo are given to the warehouseman by a person other than the ship operator, that person is deemed to be the depositor. As regards the unsealing of the containers, the warehouseman is under obligation to act in accordance with the depositor's instructions. If it is provided that the depositor must be informed of the place and time of opening the container, and the warehouse keeper does not proceed to the opening and discharge of the container without notice to the holder, then the warehouse keeper is liable for a possible shortage.
Ključne riječi
case review; carriage of goods by sea; containers; ship operator's liability; warehouse keeper's liability; taking over the cargo;
Hrčak ID:
209260
URI
Datum izdavanja:
29.4.1992.
Posjeta: 636 *