ALLOCATION OF SEA AND RIVER CARRIERS' RESPONSIBILITY FOR THE CARRIAGE AND THE CARGO; IDENTIFICATION OF THE CARRIER UNDER CHARTER PARTY AND THE CARRIER UNDER BILL OF LADING; CARRIER UNDER CHAIN OF CHARTER PARTIES FOR HIRE OF VESSEL AND CARRIAGE OF GOODS BY SEA; CARRIERS AND SUBCARRIERS IN INTERMODAL LINER SERVICES

An important issue in the theory of private maritime law is the identification of maritime carriers. The issue of identification of carriers in water transport is complicated from a legal point of view. Complications on the issue arise from the responsibilities of carriers, which can be divided into 2 categories: responsibilities for performance of the transportation and responsibilities for the cargo. Thanks to the development of good commercial practices in shipping industry, maritime contractors who are not de facto shipowners can legally engage in the transport of goods as carriers. This is the reason to make distinction between maritime carriers under a contract of carriage (Charter Party) and maritime carriers under a transport document (Bill of Lading). When the contract of carriage is concluded between the shipowner and the actual shipper, then the shipowner assumes full responsibility for the carriage and the cargo. But in cases where there is a Chain of Charter Parties, then it is possible the responsibilities for the carriage and for the cargo to be divided between two legal entities - e.g. between shipowners and time charterers. Clarification of this issue is very important in the port of unloading, where the goods have to be handed over to the legal consignee, because when there has been found any irregularity on cargo regarding its’ quantity and condition, then arises the question who should take the responsibility for the damaged or short delivered cargo