التأخير في تسليم البضائع في عقد النقل البحري : دراسة مقارنة

Abstract EN

Delay in the carriage of goods by sea arises when the carrier fails to deliver the goods at the time agreed in the contract or at the time normally needed in the absence of any specific time agreed on.

A carrier is liable for delay provided that he committed an action that has resulted in an economic loss to the shipper or to the recipient.

A carrier is held responsible for compensating the recipient for unforeseeable economic loss.

However, a carrier can benefit from limitation or exemption clauses contained in the contract of carriage of goods by sea.

This article examines in a comparative approach these issues under national laws, French law and international conventions.

It is argued that there is a need for common rules in respect of delay.