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How Delivery of Goods without Tendering of Bill of Lading Can Discharge Liability of Maritime Carrier

Authors :
Derar al-Daboubi
Source :
Transactions on Maritime Science, Volume 10, Issue 01
Publication Year :
2021
Publisher :
University of Split, Faculty of Maritime Studies, 2021.

Abstract

This paper tends to clarify implications of delivery of goods performed by a maritime carrier to a consignee at the place of destination; particularly, a delivery made without receiving the original bill of lading in exchange for the goods delivered to the consignee. In spite of the importance of such delivery, none of the related international conventions has addressed the implications of such a delivery for the liability of the maritime carrier. This gap has given rise to inconsistency between the approaches adopted by various jurisdictions worldwide, and such a divergence will contradict the fundamental international principle of unifying the international maritime rules. Hence, the study is discussing the area of ambiguity under both the English and the Qatari law to reach some suggestions that could be adopted under both jurisdictions to clarify the legal position of maritime carriers as well as to protect them from liability arising under this delivery.

Details

ISSN :
18483313 and 18483305
Volume :
10
Database :
OpenAIRE
Journal :
Transactions on Maritime Science
Accession number :
edsair.doi.dedup.....a2e6e94ecd9fda72c2a5720f7e2ba04e
Full Text :
https://doi.org/10.7225/toms.v10.n01.021