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Rights and obligations of the carrier arising from the freight contract

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2024
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Abstract (EN)

Maritime transportation is as old as human history and has been carried out all over the world since the invention of the ship. The first regulation that successfully reduced the liability of carriers in maritime law is the Harter Act, enacted in the United States in 1893. Although this law is a national statute, it has influenced the regulation of the content of the Hague Rules. With the relevant rules, it has been accepted that the carrier should only be liable for commercial faults and not for damages arising from defects in the vessel's navigation or other technical management, as well as for fire-related damages. In our thesis, we first examine the general principles of the charter party, followed by the carrier's rights arising from the charter party, including freight, claims for demurrage, claims arising from delay damages, and rights of lien. Finally, we evaluate the carrier's obligations to maintain the vessel in a seaworthy condition, to carry out the transportation with the vessel specified in the contract, to take care of the cargo, and to deliver the goods.

Author

Ömercan Mehmet Akbaba

How to Cite

Ömercan Mehmet Akbaba (Master Thesis). Rights and obligations of the carrier arising from the freight contract, 2024, Hasan Kalyoncu University.

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