【責任を負うべき運送人】
①運送人と運送契約を締結している者。
| Article 1 Definitions 5.“Carrier” means a person that enters into a contract of carriage with a shipper. |
②運送人の名称および住所は契約明細書に記載される。
| Article 36 Contract particulars 2.The contract particulars in the transport document or electronic transport record referred to in article 35 shall also include: (a) A statement of the apparent order and condition of the goods at the time the carrier or a performing party receives them for carriage; (b) The name and address of the carrier; (c) The date on which the carrier or a performing party received the goods, or on which the goods were loaded on board the ship, or on which the transport document or electronic transport record was issued; and (d) If the transport document is negotiable, the number of originals of the negotiable transport document, when more than one original is issued. |
③運送人が契約明細書に特定されている場合は、これに反する記載は、無効とする。
| Article 37 Identity of the carrier 1. If a carrier is identified by name in the contract particulars, any other information in the transport document or electronic transport record relating to the identity of the carrier shall have no effect to the extent that it is inconsistent with that identification. |
④運送人が特定されていないときは、船舶所有者が運送人と推定される。
| Article 37 Identity of the carrier 2. If no person is identified in the contract particulars as the carrier as required pursuant to article 36, subparagraph 2 (b), but the contract particulars indicate that the goods have been loaded on board a named ship, the registered owner of that ship is presumed to be the carrier, unless it proves that the ship was under a bareboat charter at the time of the carriage and it identifies this bareboat charterer and indicates its address, in which case this bareboat charterer is presumed to be the carrier. Alternatively, the registered owner may rebut the presumption of being the carrier by identifying the carrier and indicating its address. The bareboat charterer may rebut any presumption of being the carrier in the same manner. |
⑤「海事履行当事者」は、海上運送部分の全部または一部を履行する当事者で、ステベや港湾運送人も運送人と同様の責任を負う。
| Article 1 Definitions 7. “Maritime performing party” means a performing party to the extent that it performs or undertakes to perform any of the carrier’s obligations during the period between the arrival of the goods at the port of loading of a ship and their departure from the port of discharge of a ship. An inland carrier is a maritime performing party only if it performs or undertakes to perform its services exclusively within a port area. |
⑥実際海上運送人は、海事履行当事者として荷主に対して直接責任を負うことになる。
| Article 19 Liability of maritime performing parties 1. A maritime performing party is subject to the obligations and liabilities imposed on the carrier under this Convention and is entitled to the carrier’s defences and limits of liability as provided for in this Convention if: (a) The maritime performing party received the goods for carriage in a Contracting State, or delivered them in a Contracting State, or performed its activities with respect to the goods in a port in a Contracting State; and (b) The occurrence that caused the loss, damage or delay took place: (i)during the period between the arrival of the goods at the port of loading of the ship and their departure from the port of discharge from the ship; (ii) while the maritime performing party had custody of the goods; or (iii) at any other time to the extent that it was participating in the performance of any of the activities contemplated by the contract of carriage.2. If the carrier agrees to assume obligations other than those imposed on the carrier under this Convention, or agrees that the limits of its liability are higher than the limits specified under this Convention, a maritime performing party is not bound by this agreement unless it expressly agrees to accept such obligations or such higher limits. 3. A maritime performing party is liable for the breach of its obligations under this Convention caused by the acts or omissions of any person to which it has entrusted the performance of any of the carrier’s obligations under the contract of carriage under the conditions set out in paragraph 1 of this article. 4. Nothing in this Convention imposes liability on the master or crew of the ship or on an employee of the carrier or of a maritime performing party. |
⑦実際運送人である海事履行当事者は、運送が非締約国間の船積港から荷卸までの運送であっても、積載された貨物の契約運送人の受取地または、
引渡地が締約国であれば、運送人と海事履行当事者が連帯責任を負う。
| Article 20 Joint and several liability 1. If the carrier and one or more maritime performing parties are liable for the loss of, damage to, or delay in delivery of the goods, their liability is joint and several but only up to the limits provided for under this Convention.2. Without prejudice to article 61, the aggregate liability of all such persons shall not exceed the overall limits of liability under this Convention. |
【参考情報】
弁護士法人 岡部・山口法律事務所
海事弁護士 山口 修司先生