Izvorni znanstveni članak
Compulsory insurance of shipowner’s liability for cargo: a heresy or the logical next step?
Petar Kragić
; Tankerska plovidba d.d., Zadar, Hrvatska
Sažetak
The UNCITRAL Draft convention on the carriage of goods [wholly or partly] [by sea] (hereinafter: the Convention) has introduced the concept of the Maritime Performing Party. The reason is the same as for the introduction of the Actual Carrier in aviation conventions copied by the Hamburg Rules and the Performing Party in the COGSA 99 draft. This is an improvement of the claimant’s position which, when enforcing its claim, can pursue not only the carrier’s asset but even the asset of another company performing some actions connected with the transport and causes of damage to the cargo. The drafters have tried to offset the application of duties prescribed by the Convention to entities which are not parties to the contract of carriage, by giving protection through the Conventions’ exonerations and limitations of liability to such third parties drawn into the scope of the Convention. However, this distorts the privity of the contract rule and creates many problems. This article suggests that the security of the claimant could be improved through the introduction of compulsory insurance of the shipowner’s liability and by banning actions in tort. This would not cause too serious a problem for shipowners because, in principle, they all have third party liability insurance in place, and the P&I clubs covering 90% of the world’s seagoing fleet already issue certificates of insurance to third parties, including charterers, bankers, port authorities, unions, etc.
Ključne riječi
carriage of goods by sea; compulsory insurance of the shipowner’s liability; maritime insurance; UNCITRAL Draft Convention on Carriage of Goods (wholly or partly) (by sea)
Hrčak ID:
20423
URI
Datum izdavanja:
18.1.2008.
Posjeta: 1.744 *