Izvorni znanstveni članak
“Himalaya“ clause – current problems
Ivo Grabovac
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Sažetak
The discussion includes the problems of extra-contractual responsibility of persons that a sea carrier hired to carry out a contract on shipping goods and the persons are not employed by the carrier. These persons are called independent contractors and can also be called self-employed contractors (e.g. stevedores or contractors of transport terminals). In case of damaged goods, the question is whether the damaged party (recipient of the goods) can also sue, other than his contractual partner – carrier, the independent contractor who caused the damage in his running the business. If there is an extra-contractual responsibility of that person, could for this person be applied the principles of responsibility for sea carrier, especially the limitation of responsibility. These doubts are in this article analyzed by calling upon international conventions and domestic law, and especially by relying on the freedom of contracting for the third party (the well-known “Himalaya” clause). The new judgment by the Supreme Court of the United States of America (“Kirby” case, 2004) extends the application of the “Himalaya” clause also on the persons who are outside the context of primary contract, on subcontractors in land transport as well.
Ključne riječi
Hrčak ID:
35642
URI
Datum izdavanja:
12.4.2005.
Posjeta: 2.002 *