The legal basis of the contract of carriage of goods by sea / O regime jurídico do contrato de transporte marítimo de mercadorias
AUTOR(ES)
Mariana Casati Nogueira da Gama
DATA DE PUBLICAÇÃO
2005
RESUMO
The legal basis of the contract of carriage of goods by sea is the main object of the present work. The choice of this topic was influenced by the great importance that it presents and by the little prominence that the current Brazilian doctrine grants to it. Furthermore, due to the increase of the Brazilian exportation, the subject-matter is each time more appreciated by the national courts. In the present work were considered not only rules of domestic law, mainly represented by the Civil Code of 2002, but also principles of international law represented by two international conventions about the subject: the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (Brussels Convention, of 1924), and the United Nations Convention on the Carriage of Goods by Sea (the Hamburg Rules, of 1978). Certain rules of comparative law had also been indicated mainly when the subject is not regulated by the domestic legal system. Finally, it was made an analysis of two other kinds of economic exploitation of the ship: the chartering contract (time and voyage charter) and the bare boat charter, comparing them to the contract of carriage of goods by sea, and although they present some contact points with the contract, they differ from it.
ASSUNTO(S)
tratados convenção de bruxelas international law treaties contratos de afretamento direito maritimo hamburg rules demurrage. regras de hamburgo sobrestadias. hague-visby rules chartering contracts regras de haia-visby brussels convention transporte marítimo de mercadorias contratos (direito internacional) direito internacional privado transporte maritimo direito internacional carriage of goods by sea
