The Liability Limits of the Sea Cargo Carrier

Abstract

This article deals with legislative acts establishing the list of circumstances where the carrier is only responsible if the shipper or the consignee proves that the loss or damage to the cargo occurred through the fault of the carrier. Much attention is paid to the analysis of the norms of the current Russian legislation, which allows us to single out a number of circumstances in which the carrier is responsible for loss or damage to the cargo only if the consignee proves his guilt. The paper notes that the majority of disputes in the field of maritime transport arise from loss or damage to cargo. Also, in order to compensate for damages to participants in a particular maritime transport relationship, it is necessary to proceed from the terms of the contract, as well as be guided by the legislation on the obligations of the carrier, forwarder, shipper and consignee. The author comes to the conclusion that the carrier’s liability in transport laws arises if he is guilty and is excluded if the cargo has not been preserved due to circumstances for which the carrier is not responsible.