Анали Правног факултета у Београду
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АНАЛИ ПРАВНОГ ФАКУЛТЕТА
единственного основания ограничения ответственности фрахтовщика, смягчить или отклонить появляющиеся на практике затруднения. Единственные правила ограничения ответственности по единице веса облегчили бы будущей Конвенции о смешанных перевозках или же о смешанных перевозках контейнеров более универсальное применение, хотя бы в этом вопросе. SUMMARY Limitation of responsability of navigators per unit of cargo in the transport of containers International convention for levelling of some regulations for cargo from 1924. in the article 4. passage 5. prescribed a limit for the responsability of navigators not allowing them to lower the fixed amount by contractual stipulations. Expression per package or unit, which served as bases for calculations of reparations, provoked different coments in theory and in court practice about interpretation and levai of application. Appearance of containers, and their large use in contemporary maritime traffic even more intensified disputes about adequate application of limited responsability of mariners based on the principle per package or unit. Convention about cargo from 1924. was changed with the Protocole from 1968. Protocole changed article 4. passage 5. of the Convention on cargo from 1924 (level of responsability was generaly increased, also alternative possibility was introduced of possibility of limitation per kilogram gross weight of the lost or damaged goods). In a separate passage Protocole regulated in a special way the current problem of limitation of responsability of navigators for the transport of containers. It is stated in the Protocole (article 2 c of the Protocole or article 4 passage 5 c of the changed Convention on cargo) that in case that container is beeing used, paletee or any other mean that is being used to group the goods, every package or unit marked in the cargo and included in that mean will be consideren as one package or unit. The mean for grooping will be considered as one package or unit. There is no doubt that the Protocole from 1968. represents a step forward in the efforts to regulate in an acceptable way in contemporary conditions of transportation the limitation of responsability. However, there is to be tought about eliminating difficulties in future. Embarkers decision whether to include or leave out in the cargo list specifications about the number of pieces in the container is decisive, but is a delicate border of greater or lower responsability of navigators. It is necessary to consider conduct and position of mariners whose responsability may depend on whether he himself has packed and loaded the goods, whether he had the possibility of checking contents of the container. If there is no specification in the cargo list on the number of pieces it is a question whethet the alternative basis of limitation (per unit) could even approximately compensate the damage. That would be possible if the amount of limitation per unit was greater. It is necessary’ to analise whether acceptance of unit of weight (with precisions on actual value) as only basis of limitation of responsability of navigators, would alleviate or eliminate difficulties which appear in practical application. To the future convention of mixed transports, of mixed transportation of containers. uniform contents of limitation of responsability per unit of weight would marke easier, at least in that was universal application.