La encrucijada del contrato de transporte de mercancias por mar. la falta nautica

Abstract

For quite some decades now, in the international maritime community, a consensus over the need for a renewal of the international regulations on contracts of goods shipping by sea —included somehow in the Bill of Landing— has been reached. It is said that, with the generalization of the container as a sealed box for shipping door-todoor cargo, the deficiency of the juridical system established 80 years ago for goods shipping by sea under bills of landing has increased. In the agendas of international forums in which state entities and private organization participate, the renewal of contracts is most certainly included. Clearly, the burden of responsibility carried by each of the parties is a stirring issue and finds a divorce barrier in the duties assigned to the shipper. In particular, the most controversial issue is the traditional exoneration of the ship owner from the so-called nautical failures or from failures in the management of the ship, in the captain and/or in others on which she depends for her operation. It is said that this is obsolete in the face of technology and communications media. The whole problem is what leads to describing this dilemma presented by contracts for goods shipping, either complete or partial, by sea.