• مجید نیک فهم

    عضو
    3 خرداد 1400 در 1:23 بعد از ظهر

    سلام

    شاید این بخش از کنوانسیون Hague-Visby مفید باشه

    The Hague-Visby Rules provide that, if the carrier has exercised due diligence to provide a seaworthy ship, they are not liable for claims resulting from a collision partly or wholly caused by negligent navigation (Article IV Rule 2(a)). Commonly, both vessels are partly to blame for a collision and cargo interests may then present their claims in tort against the non-carrying vessel.

    Under U.S. law, claimants could recover their claims in full from the owners of the other vessel, who could then recover one half from the carriers. This rule circumvents the navigational error defense. It also creates a situation in which cargo interests could not recover restitution if the carrying vessel was wholly to blame. The both-to-blame collision clause is designed to preserve the protection a carrier has under the Hague-Visby Rules by giving a contractual indemnity against the cargo interests.