Specifications of the Ship Owner’s Liability for the Caused Damage to the Cargo Owner During Carriage by Sea

Abstract

AbstractThe article discloses the conditions and grounds for exemption of the carrier from liability. The purpose of the study is to consider the issues of the carrier’s liability for non-preservation of cargo under the contract of carriage by sea in the national and conventional legislation. The scientific and practical significance of the study is due to the need for an early post-crisis restoration of Russia’s position in international trade. The main research method is theoretical analysis and generalization of special scientific sources of international level. The study notes that the increase in the competitiveness of maritime shipping is of particular practical importance for the Russian economy. The implementation of the task set in the study is inherently connected with the need for further improvement of Russian legislation, in particular, legislation on the carrier’s liability for non-preservation of cargo accepted for carriage under a contract of carriage by sea. The authors concluded that the liability of a professional carrier for non-preservation of cargo occurs regardless of the presence or absence of fault. The grounds for the exemption of the carrier from the obligation to compensate for damage for non-preservation of the cargo are circumstances that, by their nature, are objectively not preventable. The study also concluded that the ship owner, as an employer, always bears the risk of liability for the actions of his employees in the performance of their labor duties.KeywordsCarriageContract of carriage of cargo by seaLiability of the carrierLoss of cargoShortage of cargoDamage to cargoExemption from liabilityCrewing companiesNavigation error