文章基本信息

标题：CARRIAGE OF GOODS BY SEA — APPLICABLE LAW
其他标题：PRIJEVOZ STVARI MOREM — PRIMJENA PRAVA
本地全文：下载
作者：Andrija Eraković
期刊名称：Uporedno pomorsko pravo
印刷版ISSN：0353-5487
出版年度：1990
卷号：32
语种：English
出版社：Hrvatska akademija znanosti i umjetnosti
摘要：Ship operator's liability 一 Limitation of liability 一 The bill of lading conta-ins a clause on application of law (Paramount Clause) according to which the Hague Rules will apply if adopted in the country of shipment. In case that these Rules are not in force in the country of shipment,the law of the country of destination will apply. If it is a question of a dispute which is not regulated by the Convention containing Hague Rules,the corresponding law will apply — If the country of shipment and the country of destination are not parties to this Convention,the court will,by virtue of the contractual clause,apply Yugoslav law as the law of the ship operator's country — Ship operator is liable for the cargo from the time he has taken it over,till the delivery at the stipulated port of destination 一 This liability is not affected by the fact that the cargo is usually discharged at another port and is carried by land to the stipulated port of delivery on the ship operator’s expense and risk 一 If the ship delivers the cargo at another port where the cargo is ordinarily discharged,he is liable not only for the election of a warehouseman,but also for his work — He is also liable for the dimage resulting from the fact that the cargo could not be placed in a covered storage 一 The consignee is only obliged to receive the cargo at the stipulated port of destination,without regard to the fact that the ship operator informed certain person (»notify address«) of the ship's arrival at the port of discharge — If the ship operator has not taken care of secure warehousing of the car琴o at the port of discharge,it is a question of his personal gross negligence and he is without limits liable for the damage.
其他摘要：Brodarova odgovornost — Ograničenje odgovornosti 一 Ako je u ter etnici navedena klauzula o primjeni prava (Paramount klauzula) prema kojoj će se primijeniti Haška pravila ako su ona prihvaćena 〇d ze??ilje otpreme,a ako ta zemlja nije članica konvencije na