Analysis of Legal Regulation of Carrier Liability in International Trade Maritime Navigation: Current State and Prospects for Development

The article examines the private law aspects of regulating the liability of maritime carriers in cargo transporta-tion. Based on an analysis of civil legislation and judicial practice, the study explores the peculiarities of con-tractual and non-contractual relationships among carriers, shippers, and consignees as subjects of obligation law. Within the framework of the study on obligations arising from maritime transport contracts, the influence of international conventions on the formation of carrier liability conditions and the protection of the property rights of cargo owners is analyzed. Particular attention is given to the legal nature of the bill of lading as a negotiable instrument and its role in defining the rights and obligations of the parties to the maritime transport contract. The mechanisms for protecting the rights of good faith purchasers of bills of lading and the peculiarities of the bur-den of proof distribution in disputes over cargo loss are explored. Based on the analysis of law enforcement practice, proposals are formulated to improve civil law methods for protecting the interests of participants in maritime cargo transportation relationships.

Authors

Publication Details

Journal
Теория и практика общественного развития
Published
2025-02-26
DOI
https://doi.org/10.24158/tipor.2025.2.24
Primary Topic
Arctic and Russian Policy Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Analysis of Legal Regulation of Carrier Liability in International Trade Maritime Navigation: Current State and Prospects for Development

Yulia A. Lonchakova
Теория и практика общественного развития
Arctic and Russian Policy Studies
article

Analysis of Legal Regulation of Carrier Liability in International Trade Maritime Navigation: Current State and Prospects for Development

Yulia A. Lonchakova
article en

Abstract

The article examines the private law aspects of regulating the liability of maritime carriers in cargo transporta-tion. Based on an analysis of civil legislation and judicial practice, the study explores the peculiarities of con-tractual and non-contractual relationships among carriers, shippers, and consignees as subjects of obligation law. Within the framework of the study on obligations arising from maritime transport contracts, the influence of international conventions on the formation of carrier liability conditions and the protection of the property rights of cargo owners is analyzed. Particular attention is given to the legal nature of the bill of lading as a negotiable instrument and its role in defining the rights and obligations of the parties to the maritime transport contract. The mechanisms for protecting the rights of good faith purchasers of bills of lading and the peculiarities of the bur-den of proof distribution in disputes over cargo loss are explored. Based on the analysis of law enforcement practice, proposals are formulated to improve civil law methods for protecting the interests of participants in maritime cargo transportation relationships.

Теория и практика общественного развития(2)
Peace, Justice and strong institutions
Openalex Percentile: Top 95%
Arctic and Russian Policy Studies
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