Download e-book for kindle: Aspects of the Hague Rules: A Comparative Study in English by Malcolm Alistair Clarke

By Malcolm Alistair Clarke

ISBN-10: 9401181993

ISBN-13: 9789401181990

ISBN-10: 9401188548

ISBN-13: 9789401188548

It has been predicted that four-fifths of an carriage of products by means of sea are ruled via the Hague principles, competently referred to as the conference for the Unification of definite principles in relation to debts of Lading, signed at Brussels in 1924. The good fortune of the conference is wen acknowledged. Its significance is self-evident and such that, even though its good fortune, it's been the topic of normal scrutiny which will development and reform. consciousness has focussed on quite a few issues, between them relevant provisions that are the topic of this e-book. First to be thought of is article X in regards to the felony scope of the conference: to which contracts for carriage less than debts of lading does the conference follow? this query has prompted a lot hassle, was once debated by means of the C. M. 1. for two decades and was once it sounds as if settled through a brand new Conven­ tion signed at Brussels in 1968; however the answer may perhaps by no means come into strength because the whole conference is at present being thought of through the United international locations to be able to reform of a unique sort. the second one a part of the publication examines one of many basic tasks within the conference. the last word tasks of the provider are tasks of due diligence, diligence in taking good care of shipment and diligence in getting ready his send for sea. it's the latter accountability that has been chosen for designated study.

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Extra resources for Aspects of the Hague Rules: A Comparative Study in English and French Law

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That universal application of the lex loci contractus was not envisaged is clear from the Protocol option: the judges of each HCP were, if so desired, to be able to apply aversion of the Convention which was intelligible to them: the forum version. Further, application of the lex loci contractus gives to the Convention a scope wider than intended when the latter has been adopted in the place of contracting but not at the port where the bill is issued. The scope given to the Convention will be narrower when the reverse is true.

7 Stödter Statutenkollision p. 220; Necker pp. 3-7; Yiannopoulos pp. 35-6. 8 Cf. Ripert no. 1351: "Cette question n'a pas ete vue par les redacteurs de la Convention ... ". 49 no. 27. 5 6 10 THE SCOPE OF THE BRUSSELS CONVENTION It was thus proposed that the Convention itself should apply only to international contracts, but that the substance of its provisions might have wider effect through the medium of nationallegislation. It was also recognised that not all trading states would accept the Convention.

The bill of lading in question did not contain the required Paramount Clause, but provided that the contract should be governed by English law. The Privy Council held that contracts were primarily governed by the law chosen by the parties, and that the bill of lading was accordingly governed by English law and this meant English common law. The case has been rightly seen as 14 Vita Food Produets lne. v. Unus Skipping Co. [1939] A. C. 277; cf. Tetley pp. 273 ff. THE CONVENTION IN THE LAW OF ENGLAND 23 a conflict between the rule of English private internationallaw that the parties may choose the law to govern their contract, on the one hand; and the needs of uniform law on the other, - a conflict resolved in favour of the autonomy of the parties.

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Aspects of the Hague Rules: A Comparative Study in English and French Law by Malcolm Alistair Clarke

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