Present and future of liability of maritime carrier

Identifier:  TFG:28

Handle: https://hdl.handle.net/20.500.11797/TFG28

Authors:  Ballester Solsona, Gerard

Abstract:
This research aims to provide a comprehensive and chronological perspective of the regulation of maritime carrier’s liability under Bill of Lading, extracting the most relevant features and doing a comparison between legal standards to find out how they evolve and how could we improve them. Firstly, a historical quest is done to discover which is the origin of the privileges concerning the limited carrier’s liability, and those privileges are still valid nowadays. Secondly, the evolution of its regulation in the international conventions and in the Spanish law is analysed. And finally, the research focuses on a comparison between the two legal texts that pretend to be the future regulation on the carriage of goods: the Rotterdam Rules, internationally, and the “Proyecto de Ley General de Navegación Marítima”, in Spain. The work is divided into a first part of historical approach, differentiating features between the regulation of the carrier's liability in the Civil Law and Common Law. Then, the main features of the current regulation about the liability of the carrier of goods by sea under Bill of Lading are exposed. And finally, the Rotterdam Rules and the “Proyecto de Ley General de Navegación Marítima” are compared.