Titlebook: Aspects of the Hague Rules; A Comparative Study Malcolm Alistair Clarke Book 1976 Springer Science+Business Media Dordrecht 1976 attention

沉積物

Neutral-Spine

The History of the Carrier’s Liability. The legal landscape of international bills of lading is apparently carved according to the Convention, but in neither country can its application be explained without reference to the previous law that lies beneath.

Pituitary-Gland

Proof That the Vessel was Defectiveant. But when it is the “short route” and when art. IV r. I is treated as an ordinary exception, this proof must be given by the carrier. When art. III r. I is treated as a condition precedent this proof does not arise at all. Other questions concerning the method of proof and causation also arise.

拔出

When Must Due Diligence Have Been Exercised?law also pose peculiar problems that require separate treatment. The French peculiarity stems from the treatment of due diligence as a question of latent defect. The English problem is inherited from the common law with its doctrine of stages.

泄露

grudging

The Scope of the Convention in the Law of France: Introductionginally intended, but that the final draft differed too greatly from the Convention for it to be regarded as the Convention in appropriate national form.. The differences were partly due to the demands of French shippers,. and partly to the inability or reluctance of French lawyers to adapt the Anglo-Saxon concepts which dominate the Convention.

chance

Introduction From the Eyes of an Historian,ply to shipments into HCPs regardless of whether the port of loading was in a HCP. Thus the new art. X would justify the existing provisions in states such as the U.S.A. and Belgium, in which the Rules already applied to inward shipments.

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虛假

The Voyage Testuding the important operation of stowage, is commenced and often where the parties have a place of business. The port of discharge is also an important contact;. it is the place in which the contract is substantially performed and in which litigation most often arises.

產生

The Nationality Testeir national law is often considered to be that which they probably intended to be applied.. This reasoning is not appropriate to the applicability of the Convention, for the parties no longer have any say in the matter. Nonetheless the contact of common nationality has been favoured by the French courts.