Taking charge of goods in maritime law

Constituting the point of mutation of the contractual relationship from a "land" regime to a maritime regime, the taking over of the goods by the maritime carrier is both a material and a legal notion. The material notion is reflected in the implementation of a set of concrete procedures that the carrier will implement, with the support of the maritime transport auxiliaries, for a more refined verification of the cargo, in order to better cover its liability, in the face of possible future claims, of the beneficiaries of the cargo. A constraining exercise, it is difficult to reconcile with the sacrosanct imperative of the maritime economy that constitutes the "ship turnaround time" indicator. As a legal concept, it is the starting point for a specific regime, that of maritime law. In this case, it appears in the form of a real cursor covering, or uncovering, depending on the legal framework of reference - the Brussels Convention of 25 August 1924 or the French law of 18 June 1966 - the "ante-palan" phase, refocusing or dispersing, depending on the case, the liability actions of those entitled to the goods.

Autorentext

Cheikhany Jules is a lawyer specialised in Maritime and Air Law, and is President of the Mauritanian Association of Maritime Law. He is a professor at the Faculty of Law of Nouakchott (Mauritania) where he is in charge of the Master's degree courses in Maritime Law, Arbitration Law, and Mining and Oil Law.

Klappentext

Constituting the point of mutation of the contractual relationship from a "land" regime to a maritime regime, the taking over of the goods by the maritime carrier is both a material and a legal notion. The material notion is reflected in the implementation of a set of concrete procedures that the carrier will implement, with the support of the maritime transport auxiliaries, for a more refined verification of the cargo, in order to better cover its liability, in the face of possible future claims, of the beneficiaries of the cargo. A constraining exercise, it is difficult to reconcile with the sacrosanct imperative of the maritime economy that constitutes the "ship turnaround time" indicator. As a legal concept, it is the starting point for a specific regime, that of maritime law. In this case, it appears in the form of a real cursor covering, or uncovering, depending on the legal framework of reference - the Brussels Convention of 25 August 1924 or the French law of 18 June 1966 - the "ante-palan" phase, refocusing or dispersing, depending on the case, the liability actions of those entitled to the goods.