The Liability of Shipper and Documentary Shipper of Goods in the light of the Rotterdam Convention

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FAYZI CHAKAB GHOLAM NABI; Mardani Mohammad hasan

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Journal: Journal of Judicial Law Views Year:2019 | Volume:24 | Issue:85 Page(s): 55-76

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Information Journal Paper

Title

The Liability of Shipper and Documentary Shipper of Goods in the light of the Rotterdam Convention

Author(s)

FAYZI CHAKAB GHOLAM NABI | Mardani Mohammad hasan | Issue Writer Certificate

Keywords

International Maritime Carriage of GoodsQ1

Rotterdam RulesQ1

Shipper of GoodsQ1

Documentary Shipper of GoodsQ1

Basis of Shipper’s Liability. Q1

Abstract

The Rotterdam Rules, among the international maritime transport conventions, was the first one that assigned one chapter to the obligations and liabilities of the shipper, and invented the new concept of documentary shipper. Since the concept of documentary shipper is invented for the first time in the Rotterdam Rules, in this paper, has been raised the legal status of the documentary shipper and has been evaluated the basis of his liability of the carrier as well as the obligations and the liabilities of the shipper. One of the features of the Rotterdam Rules is to outline the most important obligations and responsibilities of the shipper. These rules discussed in this article: “ delivery for carriage” (Article 27), “ cooperation of the shipper and the carrier in the providing information and instructions” (Article 28), “ shipper’ s obligations to provide information, instructions and documents” (Article 29), “ provide information for compilation of contract particulars” (Article 31), and “ special rules on dangerous goods” (Article 32), which are discussed in this article. The civil liability of the shipper and his basis of liability are always important issues on transportation concept; this responsibility is in fact a violation of his obligations. The Rotterdam Rules has been subject to two different bases of liability (fault based liability and absolute responsibility) in different situations. Article 30 of the Rotterdam Rules explain the basis of liability of shipper to the carrier in three clauses, and it follow fault base liability and absolute liability.

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APA: Copy

FAYZI CHAKAB, GHOLAM NABI, & Mardani, Mohammad hasan. (2019). The Liability of Shipper and Documentary Shipper of Goods in the light of the Rotterdam Convention. JOURNAL OF JUDICIAL LAW VIEWS, 24(85 ), 55-76. SID. https://sid.ir/paper/217846/en

Vancouver: Copy

FAYZI CHAKAB GHOLAM NABI, Mardani Mohammad hasan. The Liability of Shipper and Documentary Shipper of Goods in the light of the Rotterdam Convention. JOURNAL OF JUDICIAL LAW VIEWS[Internet]. 2019;24(85 ):55-76. Available from: https://sid.ir/paper/217846/en

IEEE: Copy

GHOLAM NABI FAYZI CHAKAB, and Mohammad hasan Mardani, “The Liability of Shipper and Documentary Shipper of Goods in the light of the Rotterdam Convention,” JOURNAL OF JUDICIAL LAW VIEWS, vol. 24, no. 85 , pp. 55–76, 2019, [Online]. Available: https://sid.ir/paper/217846/en

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