Pravna priroda obveza iz komercijalne djelatnosti prijevoznika - tumačenje Čl.III 2 Haško-Visbyjskih pravila : [prikaz presude]
The legal nature of carrier's commercial obligations - the interpretation of the Article III, r 2 of the Hague-Visby Rules : [case review]

Summary/Abstract: Under the common law the duty to load, stow and discharge the cargo prima facie rested on carriers but it could be transferred to another entity. The article III, r 2 of the Hague-Visby Rules, proscribing that ''…the carrier shall properly and carefully load,handle, stow, carry, keep, care for, and discharge the goods carried'', does not impose upon the carrier an inescapable personal obligation to perform the functions described therein, but defines the standard of proper and careful performance of those functions in case the carrier contractually undertakes to perform them. Thus, an agreement which transfers responsibility for loading, stowage and discharge from the carriers to shippers, charterers or consignees is not invalidated by art. III, r. 8.

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