EIRP Proceedings, Vol 14, No 1 (2019)

Particularities of the exonerating causes of liability of the ship-owner or the maritime carrier according to the Brussels Convention

Georgeta Modiga, Gabriel Avramescu

Abstract



The specificity of maritime trade confers a particular character on exonerating liability of the carrier, the physiognomy of the causes that exclude the existence of liability is, as a result of the "sea risks", an entirely original one. Their regulation by the provisions of the International Convention for the Unification of Certain Rules of Mortgages concluded in Brussels in 1924 and the United Nations Convention on the Carriage of Goods at Sea, concluded at Hamburg in 1978, is characterized, despite similarities, non-unitary and non-systemic approach; if the provisions of art. 4 point 2 letters (a-q) of the Brussels Convention contain only a limited listing of 17 "exempt cases", the text of Article 5 (4) of the Hamburg Rules narrows the scope of the Brussels Convention by laying down four circumstances that hinder the employment responsibility of the carrier.


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