مكانة الخطأ الملاحي في النقل البحري للبضائع: دراسة في النصوص القانونية والاجتهاد القضائي

Abstract EN

Navigational fault is one of the most important cases excluded from the liability of the shipping carrier of goods, often invoked by the carrier to deniy his responsibility according the event of damage to goods, it has been approved since the American harter act 1893 and confirmed at the international level by its adoption in the Brussels convention 1924, but the role of the navigational fault it seems that he is in decline with the exclusion in both the Hamburg agreement of 1978 and the Rotterdam rules of 2009-which have not yet entered into force.

he also notes the homogeneity of doctrinal and judicial solutions regarding setting the criteria for determining the concept of navigational error, which makes his future range between retention and cancellation.