![]() ![]() 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. However, this distorts the privity of the contract rule and creates many problems. 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. 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. This is an improvement of the claimant’s position which. 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. The UNCITRAL Draft convention on the carriage of goods (hereinafter: the Convention) has introduced the concept of the Maritime Performing Party. ![]()
0 Comments
Leave a Reply.AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |