標題: Titlebook: Aspects of the Hague Rules; A Comparative Study Malcolm Alistair Clarke Book 1976 Springer Science+Business Media Dordrecht 1976 attention [打印本頁] 作者: 我贊成 時間: 2025-3-21 17:40
書目名稱Aspects of the Hague Rules影響因子(影響力)
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作者: 虛情假意 時間: 2025-3-21 22:54
https://doi.org/10.1007/978-3-663-04840-4eir national law is often considered to be that which they probably intended to be applied.. This reasoning is not appropriate to the applicability of the Convention, for the parties no longer have any say in the matter. Nonetheless the contact of common nationality has been favoured by the French courts.作者: 虛構的東西 時間: 2025-3-22 00:42
Introduction From the Eyes of an Historian,s, or the law of the common nationality of the parties; as regards the latter, it is significant that there are few cases in which the only foreign element was the nationality of one of the parties and in which the Convention was applied. Only when one of these predominant indices is foreign, will the contract be ‘really international’.作者: 樹木中 時間: 2025-3-22 08:06
https://doi.org/10.1007/978-1-4757-5237-3 in order to compel the carrier to reply with proof of the condition of his vessel? What exactly must be comprised in the carrier’s reply? It follows that general consideration must be given to the entire scheme of proof under the Convention.作者: HAIRY 時間: 2025-3-22 09:52 作者: Classify 時間: 2025-3-22 12:52
the Unification of Certain Rules Relating to Bills of Lading, signed at Brussels in 1924. The success of the Convention is wen recognised. Its importance is self-evident and such that, notwithstanding its success, it has been the subject of regular scrutiny with a view to improvement and reform. Att作者: NAVEN 時間: 2025-3-22 17:36 作者: 逗它小傻瓜 時間: 2025-3-22 23:32
https://doi.org/10.1007/978-1-4757-5237-3. The legal landscape of international bills of lading is apparently carved according to the Convention, but in neither country can its application be explained without reference to the previous law that lies beneath.作者: intellect 時間: 2025-3-23 03:33
Secrets of the Flight Data Recorderant. But when it is the “short route” and when art. IV r. I is treated as an ordinary exception, this proof must be given by the carrier. When art. III r. I is treated as a condition precedent this proof does not arise at all. Other questions concerning the method of proof and causation also arise.作者: invulnerable 時間: 2025-3-23 06:21 作者: 沉積物 時間: 2025-3-23 10:44 作者: Neutral-Spine 時間: 2025-3-23 16:36
The History of the Carrier’s Liability. The legal landscape of international bills of lading is apparently carved according to the Convention, but in neither country can its application be explained without reference to the previous law that lies beneath.作者: Pituitary-Gland 時間: 2025-3-23 18:23
Proof That the Vessel was Defectiveant. But when it is the “short route” and when art. IV r. I is treated as an ordinary exception, this proof must be given by the carrier. When art. III r. I is treated as a condition precedent this proof does not arise at all. Other questions concerning the method of proof and causation also arise.作者: 拔出 時間: 2025-3-24 01:04
When Must Due Diligence Have Been Exercised?law also pose peculiar problems that require separate treatment. The French peculiarity stems from the treatment of due diligence as a question of latent defect. The English problem is inherited from the common law with its doctrine of stages.作者: 泄露 時間: 2025-3-24 02:39 作者: grudging 時間: 2025-3-24 10:26
The Scope of the Convention in the Law of France: Introductionginally intended, but that the final draft differed too greatly from the Convention for it to be regarded as the Convention in appropriate national form.. The differences were partly due to the demands of French shippers,. and partly to the inability or reluctance of French lawyers to adapt the Anglo-Saxon concepts which dominate the Convention.作者: chance 時間: 2025-3-24 13:11
Introduction From the Eyes of an Historian,ply to shipments into HCPs regardless of whether the port of loading was in a HCP. Thus the new art. X would justify the existing provisions in states such as the U.S.A. and Belgium, in which the Rules already applied to inward shipments.作者: optic-nerve 時間: 2025-3-24 17:44 作者: 虛假 時間: 2025-3-24 22:59
The Voyage Testuding the important operation of stowage, is commenced and often where the parties have a place of business. The port of discharge is also an important contact;. it is the place in which the contract is substantially performed and in which litigation most often arises.作者: 產生 時間: 2025-3-25 00:34
The Nationality Testeir national law is often considered to be that which they probably intended to be applied.. This reasoning is not appropriate to the applicability of the Convention, for the parties no longer have any say in the matter. Nonetheless the contact of common nationality has been favoured by the French courts.作者: 感激小女 時間: 2025-3-25 05:01 作者: 興奮過度 時間: 2025-3-25 09:14
The Scheme of Proof under the Convention in order to compel the carrier to reply with proof of the condition of his vessel? What exactly must be comprised in the carrier’s reply? It follows that general consideration must be given to the entire scheme of proof under the Convention.作者: DALLY 時間: 2025-3-25 15:01
History of the Brussels Conventiona nation of shippers that the first reforms were passed, the United States.. Thus, when in1913 de Monzie proposed similar reforms in France, reforms which satisfied the ostensible objections of the carriers, they were not even discussed.. This was one of many attempts to institute legislative reform作者: 斷斷續(xù)續(xù) 時間: 2025-3-25 19:49 作者: 有毛就脫毛 時間: 2025-3-25 23:28
Book 1976 come into force as the entire Convention is currently being considered by the United Nations with a view to reform of a different kind. The second part of the book examines one of the fundamental duties in the Convention. The ultimate duties of the carrier are duties of due diligence, diligence in 作者: flex336 時間: 2025-3-26 01:41 作者: 名字的誤用 時間: 2025-3-26 05:20 作者: 啞巴 時間: 2025-3-26 11:40 作者: Abominate 時間: 2025-3-26 13:24
History of the Brussels Conventionhose shippers, the majority, in a position of commercial inferiority.. This was true of all trading states.. In France, the courts were deaf to pleas that carriers by sea should share the liability of other carriers for their servants under art. 1384 c. civ.: sea carriers could not supervise the act作者: 繁重 時間: 2025-3-26 19:19 作者: DAMN 時間: 2025-3-26 22:39 作者: 合唱隊 時間: 2025-3-27 03:37
The Scope of the Convention in the Law of France: Introductionacts governed by the domestic version of the Convention.. The French legislature began to prepare legislation applicable to national and international contracts alike, legislation intended to embody the substance of the Convention in a form appropriate to French law; it would be strange if the state作者: 意外 時間: 2025-3-27 06:20 作者: sperse 時間: 2025-3-27 09:46 作者: 嚴厲譴責 時間: 2025-3-27 17:35 作者: Toxoid-Vaccines 時間: 2025-3-27 20:21
The Double Rule performance, and nationality of the various interested parties, usually the shipper and the carrier, but also, in an appropriate case, the consignee. These reflect the predominant ‘indices’ of French private international law leading to application of the lex loci contractus, the lex loci solutioni作者: hypotension 時間: 2025-3-28 00:38 作者: 拍翅 時間: 2025-3-28 03:19 作者: 蒼白 時間: 2025-3-28 07:05
The Scheme of Proof under the Conventionn may be reached by more than one route of reasoning. The importance of the route chosen is twofold. Firstly, the question of seaworthiness can be placed in context and given a proper perspective. Secondly, answers can be given to vital questions: what matters, if any, must be proved by the claimant作者: Inscrutable 時間: 2025-3-28 11:06 作者: 暫時別動 時間: 2025-3-28 14:44
When Must Due Diligence Have Been Exercised?whether diligence was exercised during the regular surveys or during the period immediately prior to the voyage. But the traditions of each system of law also pose peculiar problems that require separate treatment. The French peculiarity stems from the treatment of due diligence as a question of lat作者: 運氣 時間: 2025-3-28 19:29 作者: 松馳 時間: 2025-3-29 01:22 作者: 獨裁政府 時間: 2025-3-29 04:20 作者: MILK 時間: 2025-3-29 07:16 作者: 柱廊 時間: 2025-3-29 13:34
The Nationality Test: The Preliminary ProblemIt has been indicated. that the nationality test is applied by reference to the nationality of persons in the case. It is first necessary to identify the persons (or things) to which reference is made.作者: 飛行員 時間: 2025-3-29 19:06
Due Diligence in GeneralAn obligation to exercise due diligence is to my mind indistinguishable from an obligation to exercise reasonable care – a concept not unfamiliar in English law…..作者: Substance-Abuse 時間: 2025-3-29 22:58 作者: Haphazard 時間: 2025-3-30 03:45
,Die Werkzeuge des Flie?pressens,hose shippers, the majority, in a position of commercial inferiority.. This was true of all trading states.. In France, the courts were deaf to pleas that carriers by sea should share the liability of other carriers for their servants under art. 1384 c. civ.: sea carriers could not supervise the act作者: lipoatrophy 時間: 2025-3-30 05:04
,Anwendung des Kaltflie?pre?verfahrens,nal legislation, as models for domestic legislation, or as law . partly domestic and partly international in character.. The analysis adopted is important, for it affects the interpretation of the Convention and the manner in which it is incorporated into domestic law. Agreement on this question wou作者: 刺耳的聲音 時間: 2025-3-30 11:23
,Stoffflu?- und Gefügeuntersuchungen,ons of this Act, the Rules shall have effect in relation to and in connection with the carriage of goods by sea in ships carrying goods from any port in Great Britain or Northern Ireland to any other port whether in or outside Great Britain or Northern Ireland.作者: 軍械庫 時間: 2025-3-30 12:38
,Flie?kurven der Versuchswerkstoffe,acts governed by the domestic version of the Convention.. The French legislature began to prepare legislation applicable to national and international contracts alike, legislation intended to embody the substance of the Convention in a form appropriate to French law; it would be strange if the state作者: Neutral-Spine 時間: 2025-3-30 17:52 作者: 解凍 時間: 2025-3-30 23:33
Physica-Schriften zur Betriebswirtschaftt state.. When this test is satisfied, the contract is substantially connected with two different states. The port of lading, which is also usually the place of contracting, is an established contact in French private international law.. It is also the place where the execution of the contract, incl作者: anagen 時間: 2025-3-31 02:32 作者: 軍械庫 時間: 2025-3-31 07:23
Introduction From the Eyes of an Historian, performance, and nationality of the various interested parties, usually the shipper and the carrier, but also, in an appropriate case, the consignee. These reflect the predominant ‘indices’ of French private international law leading to application of the lex loci contractus, the lex loci solutioni作者: Ganglion-Cyst 時間: 2025-3-31 12:42
