Volume 24, Issue 85 (spring 2019)
__Judicial Law Views __2012__, 24(__59__): __22476 |
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Mardani M. The Liability of Shipper and Documentary Shipper of Goods in the light of the Rotterdam Convention. دیدگاههای حقوقی 2019; 24 (85) :55-76
URL: http://jlviews2.ujsas.ac.ir/article-1-1150-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1150-en.html
1- Allameh Tabatabaei University
Abstract: (2015 Views)
The Rotterdam Rules, among the international maritime transport conventions, was the first one that assigned one chapter to the obligations and liabilities of the shipper, and invented the new concept of documentary shipper. Since the concept of documentary shipper is invented for the first time in the Rotterdam Rules, in this paper, has been raised the legal status of the documentary shipper and has been evaluated the basis of his liability of the carrier as well as the obligations and the liabilities of the shipper.
One of the features of the Rotterdam Rules is to outline the most important obligations and responsibilities of the shipper. These rules discussed in this article: “delivery for carriage” (Article 27), “cooperation of the shipper and the carrier in the providing information and instructions” (Article 28), “shipper’s obligations to provide information, instructions and documents” (Article 29), “provide information for compilation of contract particulars” (Article 31), and “special rules on dangerous goods” (Article 32), which are discussed in this article.
The civil liability of the shipper and his basis of liability are always important issues on transportation concept; this responsibility is in fact a violation of his obligations. The Rotterdam Rules has been subject to two different bases of liability (fault based liability and absolute responsibility) in different situations. Article 30 of the Rotterdam Rules explain the basis of liability of shipper to the carrier in three clauses, and it follow fault base liability and absolute liability.
One of the features of the Rotterdam Rules is to outline the most important obligations and responsibilities of the shipper. These rules discussed in this article: “delivery for carriage” (Article 27), “cooperation of the shipper and the carrier in the providing information and instructions” (Article 28), “shipper’s obligations to provide information, instructions and documents” (Article 29), “provide information for compilation of contract particulars” (Article 31), and “special rules on dangerous goods” (Article 32), which are discussed in this article.
The civil liability of the shipper and his basis of liability are always important issues on transportation concept; this responsibility is in fact a violation of his obligations. The Rotterdam Rules has been subject to two different bases of liability (fault based liability and absolute responsibility) in different situations. Article 30 of the Rotterdam Rules explain the basis of liability of shipper to the carrier in three clauses, and it follow fault base liability and absolute liability.
Keywords: International Maritime Carriage of Goods, Rotterdam Rules, Shipper of Goods, Documentary Shipper of Goods, Basis of Shipper’s Liability.
Type of Study: Applicable Research |
Subject:
Pivate Law
Received: 2017/12/18 | Revised: 2022/12/28 | Accepted: 2019/05/20 | Published: 2019/09/15 | ePublished: 2019/09/15
Received: 2017/12/18 | Revised: 2022/12/28 | Accepted: 2019/05/20 | Published: 2019/09/15 | ePublished: 2019/09/15
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