Documenti di Didattica
Documenti di Professioni
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SCOPE
Applicable Laws
Definition
Functions Form
Presentment
Claim for Damage
INTERNATIONAL LAWS
The International Convention for the
Hague Rules Adopted on August 25, 1924 Adopted at Brussels Entered into Force on June 2, 1924
INTERNATIONAL LAWS
Protocol to Amend the International Convention
Hague-Visby Rules Signed on August 25, 1924 Adopted on February 23, 1968 Adopted in Brussels Entered into Force on June 23, 1977 Approximately 42 countries are signatory to this Protocol making it the most widely followed Rules
INTERNATIONAL LAWS
United Nations Convention on the
Hamburg Rules Adopted on March 31, 1978 Adopted at Hamburg Entered into Force on November 1, 1992 Approximately 25 countries are party to these Rules
PHILIPPINE LAW
Code of Commerce
Articles 352-379
Civil Code
of affreightment between the shipper and the shipowner; It is an acknowledgment by the ship owner that he received the cargo It is a document of title to the cargo
of lading.
Both International and Philippine Laws,
Leading
marks necessary for the identification of the goods as the same are furnished in writing by the shipper before the loading of the goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage
quantity, or weight, as the case may be, as furnished in writing by the shipper
The apparent order and condition of the goods
Provided, that no carrier, master or agent of the carrier shall be bound to state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received, or which he has had no reasonable means of checking.
1, name, registry, tonnage of vessel 2. Name of captain and his domicile 3. Port of loading and unloading 4. Name of shipper 5. Name of consignee, if issued to a specified person 6. Quantity, quality, number of packages and marks of merchandise 7. Freightage stipulated
consignee, not to bearer or to the order of the consignee bill is non negotiable and merchandise may be delivered only to the named consignee
Duty of Carrier
under Hague Visby Rules
properly and carefully load, handle, stow, carry, keep, care for and discharge the goods discharged. Carrier or ship is not liable for damage caused by unseaworthiness of the ship Exception: If the carrier failed to make the ship seaworthy in terms of equipment, manning, supplies & technical conditions
Duty of Carrier
under Hague Visby Rules
Neither carrier nor ship liable for loss or damage resulting from: a. Act, neglect, or default of the master, mariner, pilot or servants of the carrier in the navigation or in the management of the ship b. Fire, unless caused by the actual fault or privy of the carrier c. Perils, dangers and accidents of the sea or other navigable waters d. Act of God
Duty of Carrier
under Hague Visby Rules
e. Act of war f. Act of public enemies g. Arrest or restraint of princes, rulers or people, or seizure under legal process h. Quarantine restrictions i. Act or omission of the shipper or owner of the goods, his agent or representative j. Strike or lock-outs or stoppage or restraint of labor from whatever cause, whether partial or general
Duty of Carrier
under Hague Visby Rules
k. Riots and civil commotions l. Saving or attempting to save life or property at sea m. Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice of the goods
Duty of Carrier
under Hague Visby Rules
n. Insufficiency of packing o. Insufficiency or inadequacy of marks p. Latent defects not discoverable by due diligence q. Any other cause arising without the actual fault or privity of the carrier or without the fault or neglect of the agents or servants of the carrier
Duty of Carrier
under Philippine law
impaired by reason of accident, force majeure or by virtue of their nature or defects, the carrier shall be obliged to deliver the goods transported in the same condition in which, according to the bill of lading, they were at the time of their receipt, without any damage or impairment
Duty of Carrier
under Philippine law
the condition that they were accepted, except in cases specified by law, he shall be obliged to pay the value of the goods not delivered at the point where they should have been and at the time the delivery should have taken place.
general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.
apparent or cannot be seen from outside, the notice must be given within 3 days of the delivery of the goods.
Notice in writing is not required if the
condition of the goods has, at the time of receipt, been the subject of join survey or inspection by consignee and carrier.
hours from receipt of the merchandise, a claim for damage may be made against the carrier on account of damage or average found upon opening the packages, provided that the indications of damage giving rise to the claim cannot be seen from the exterior of the packages. If damage can be seen from the exterior of the packages, the claim against the carrier must be made upon receipt of the packages.
the package, verbal claim is acceptable If damage cannot be seen from the exterior of the package, claim should be in writing and given within 24 hours from receipt