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So sánh Công ước biển quốc tế
So sánh Công ước biển quốc tế
So sánh Công ước biển quốc tế
Basis of liability
Exemption of liability
Limits of liability (the maximum
amount of compensation that the
carrier compensates to the cargo
owner for any loss or damage
incurring during the period of
liability of carrier based on the
basis of liability (được quy định
trong trách nhiệm của người
chuyên chở)
Art 3 (3 liability):
1. The carrier shall be bound before and at the beginning of the voyage to exercise
due diligence (trách nhiệm cần mẫn hợp lí) to:
(a) Make the ship seaworthy (khả năng đi biển - in a good enough condition to sail
on the sea).
(b) Properly man, equip and supply the ship.
(c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in
which goods are carried, fit and safe for their reception, carriage and preservation.
2. Subject to the provisions of Article 4, the carrier shall properly and carefully load,
handle, stow, carry, keep, care for, and discharge the goods carried. (Commercial
liability - trách nhiệm thương mại)
3. After receiving the goods into his charge the carrier or the master or agent of the
carrier shall, on demand of the shipper, issue to the shipper a bill of lading
Art 5: The carrier is liable for loss resulting from loss of or damage to the
goods, as well as from delay in delivery, if the occurrence which caused the
loss, damage or delay took place while the goods were in his charge as
defined in article 4, unless the carrier proves that he, his servants or agents
took all measures that could reasonably be required to avoid the occurrence
and its consequences.
Không có exception tuy nhiên nếu Carrier chứng mình được như Art 5 thì sẽ
được miễn trách nhiệm
Art 6: The liability of the carrier for loss resulting from loss of or damage to goods
according to the provisions of article 5 is limited to an amount equivalent to 835
units of account per package or other shipping unit or 2.5 units of account per
kilogram of gross weight of the goods lost or damaged, whichever is the higher.
Art 26.2. Nevertheless, those States which are not members of the International
Monetary Fund and whose law does not permit the application of the provisions of
paragraph 1 of this article may, at the time of signature, or at the
time of ratification, acceptance, approval or accession or at any time thereafter,
declare that the limits of liability provided for in this Convention to be
applied in their territories shall be fixed as 12,500 monetary units per package or
other shipping unit or 37.5 monetary units per kilogram of gross
weight of the goods.
- Trong trường hợp mất công, nếu công không phải là công của carrier hoặc
carrier cho mượn thì công bị mất sẽ được tính là 1 unit. (+1 nếu tính theo
package)
- Late in delivery: The liability of the carrier for delay in delivery according to the
provisions of article 5 is limited to an amount equivalent to two and a half
times the freight payable for the goods delayed, but not exceeding the total
freight payable under the contract of carriage of goods by sea.
VD: giao 5 package, muộn 2 cái, phí giao 500$ (1 pack là 100$) => compensation =
100$*2*2.5 = 500.
VD2: giao 5 package, muộn 3 cái, phí giao 500$ (1pack là 100$) => compensation
= 100$*3*2.5 = 750$ > 500$ ban đầu => chỉ bù 500$