"The liability of the carrier under the UN International Convention for the carriage of goods wholly or partly by sea" (Rotterdam Rules, 2008)

Doctoral Dissertation uoadl:2751154 403 Read counter

Unit:
Department of Law
Library of the School of Law
Deposit date:
2018-05-09
Year:
2018
Author:
Portokali Foteini
Dissertation committee:
Λία Αθανασίου,Καθηγήτρια, Νομική, ΕΚΠΑ
Δημήτριος Χριστοδούλου, Επίκουρος Καθηγητής, Νομική, ΕΚΠΑ
Χρήστος Χρυσάνθης, Επίκουρος Καθηγητής, Νομική, ΕΚΠΑ
Γεώργιος Μιχαλόπουλος, Καθηγητής, Νομική, ΕΚΠΑ
Δημήτρης Τζουγανάτος, Καθηγητής, Νομική, ΕΚΠΑ
Γεώργιος Σωτηρόπουλος, Καθηγητής, Νομική, ΕΚΠΑ
Εμμανουήλ Μαστρομανώλης, Επίκουρος Καθηγητής, Νομική, ΕΚΠΑ
Original Title:
“Η ευθύνη του μεταφορέα κατά τη Διεθνή Σύμβαση του ΟΗΕ για τη μεταφορά πραγμάτων εν όλω ή εν μέρει δια θαλάσσης” (Κανόνες Ρότερνταμ, 2008)
Languages:
Greek
Translated title:
"The liability of the carrier under the UN International Convention for the carriage of goods wholly or partly by sea" (Rotterdam Rules, 2008)
Summary:
The present doctoral dissertation addresses the issue of the carrier’s liability under the United Nations Convention on contracts for the international carriage of goods wholly or partly by sea (Rotterdam Rules, 2008). The study includes an introductory part in which the issue of choice of the appropriate method of harmonization of law is developed, as well as the advantages and disadvantages of each method of harmonization and the principles of interpretation that govern the Rotterdam Rules as an International Convention. The dissertation follows the comparative method with the current liability regime, and in this respect an introductory reference is made to the main points of the liability regimes, namely the Hague/Visby and the Hamburg Rules. The issue of the carrier’s liability under the Rotterdam rules is developed in three main parts and this regime is compared to the current liability regime. The first part deals with the general overview of the liability of the carrier under the Rotterdam Rules. In this Part, the duties of the carrier, the extent of his liability, and the due diligence measure are examined. The Second Part deals with the legal foundation of the liability of the sea carrier. In this part the study mainly explores the legal nature of liability, the basis of liability, the liability of the carrier due to fault of third parties, the proof of absence of fault, and the burden of proof. The third part deals with the settlement of the claims in question and focuses on issues of unconditional receipt, time for suit, time for indemnity action and limitation of liability. The dissertation concludes with a critical assessment of Rotterdam Rules, focusing mainly on the fact that they have not yet entered into force, a decade after their adoption in 2008.
Main subject category:
Law and Legislation
Other subject categories:
Commercial Law
Keywords:
interpretation of international conventions, Rotterdam Rules, door-to-door carriage of goods, carrier's duties, seaworthiness, period of responsibility, carrier's liability, sea carrier, error in navigation, basis of liability, proof of absence of fault, burden of proof, notice of loss-damage-delay, time for suit, action for indemnity, limitation of liability
Index:
No
Number of index pages:
0
Contains images:
No
Number of references:
198
Number of pages:
499

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