Activity: Talk or presentation › Lecture and oral contribution
The contracting parties have to balance the legal risks of the affreightment contracts considering their legitimate economic interests. There is a variety of contracts such as the charterparties and the Bills of Lading. These contracts will not have contradictory terms when the shipowner is the shipper of the goods. The problem arises if the terms in the charterparty and the Bill of Lading are different and the transferor of the last one is not aware of the negotiated terms of the first one. Then must be analysed whether he can act against the carrier who is bound by both transport contracts or not. Due to this challenge, the current project aims to seek and analyse the legal consequences when some of these clauses are contradictory in both transport contracts. More specifically, it seeks to shed light on the effect of manipulation or inconsistency between the aforementioned ones in order to overcome any economic loss or delay, pending on judicial actions. It is suggested that the international harmonization process can pave the way to improve current contract models when several conditions are met.