Carriage by Sea

Carriage by Sea

Introduction 

Contracts of carriage of goods by sea are agreements whereby one party (carrier) is committed against another-boot-in exchange for a price or freight, to deliver to the named port to the consignee or receiver of goods or vessels under the same conditions which they had to sign on. Most maritime contracts are now regulated by: 

The “Visby Rules” (1968, amended in 1979) 

Or the “Hamburg Rules” (United Nations Convention on the carriage of goods by sea, 1978 

Content of the contract

Obligations and rights of the Charger

The charger is obliged to deliver goods to the carrier at the place and time provided therein. Obligation is implicit precepts, not specified. In practice this duty is blurred, because the delivery of the thing is usually simultaneous with the completion of the contract. The charger does not assume or obligation to pay the postage.

The charger has a right to enforce the contract by the carrier. But apart from that right is also spoken of the right of disposal of the charger, as double power to suspend giving countermanded transport, or to vary the appropriation of the goods transported. The second option is taken up in Art. 360, the first could find support in the art. 1594 Ccivil that perhaps can be applied to transport.

The charger will lose the right to dispose at the moment it appears from the bill of lading, delivering it to the recipient or a third party then it is the legitimate holder of the card which has the rights to the goods transported.

Duties and rights of the carrier

The fundamental obligation is to put things transported in the state that receives available to the consignee at the time, place and conditions specified in the contract. If no deadline for delivery, must be made within it (art.370). If any, shall be bound to lead effects "on the first expeditions of the same or similar goods, does to the point where they should deliver, and failure to do so, shall be responsible for the damages incurred by the delay "(art. 358), and the goods have arrived at the destination," the carrier shall deliver without delay or hindrance whatsoever to the effect that the consignee has received, by the mere fact of being named in the bill of lading to receive them; and failing to do so, shall be liable for any damages incurred by it "(art. 368).

If the consignee was not found at the address stated in the bill of lading, or refuse to pay delivery charges and expenses, or refuses receipt of genres, the carrier shall make the deposit of the same court. (Art. 369).

Accessory obligations are: a) the custody of goods, b) served in the transport laws and regulations of public administration, and c) not to change the route if he had agreed a given, unless because of force majeure, responding to the damage otherwise. The carrier has the right:

to register the packages to be delivered to the distribution,

to proceed with the foreclosure sale of the goods transported ...