Abstract

JIMENEZ, Fernando. GENERAL CONTEXT OF CARRIER OBLIGATIONS IN CONTRACTS OF CARRIAGE OF GOODS BY SEA - REFERENCE TO SPANISH AND COLOMBIAN LAW. Vniversitas [online]. 2015, n.131, pp.363-390. ISSN 0041-9060.  https://doi.org/10.11144/Javeriana.vj131.gcco.

The regulation of carriage of goods by sea contracts has evolved from a system of absolute freedom of agreements towards a limitation of freedom of the parties. Legislation in Spain and Colombia follows this evolution to international legislation (The Hague Visby Rules, The Hamburg Rules and the recent Rotterdam Rules). Spanish Shipping Act 2014 and some rules in Colombian Commercial Code show this trend. Under the current legislation in Spain and Colombia, the whole carriage of goods by sea contracts are built over the transport obligation, as the main commitment in the contract, even in affreightment (Spanish Shipping Act 2014).

Keywords : obligations in carriage of goods by sea contracts; affreightment; Shipping Act 2014; Colombian Maritime Law; the Hague Visby Rules; the Hamburg Rules; the Rotterdam Rules.

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