Paramount Clause

April 30th, 2015 Posted in News

Any clause in a contract is always important. But what happens when the clause itself has a name which in itself makes it preeminent? We refer to clause Paramount (Paramount Clause) whose use is so widespread in maritime boarding skills (bill of lading) and in Charter (charter-party) policies that incorporate terms and conditions of a knowledge of boarding. We will give a few brief notions of use both the appearance of these clauses in the context of the international maritime transport in the same in order, finally, to an explanation of why the same. For a clear understanding must start from the following premises: first premise: we are in a field in which aim is the balance between the interest of the Chargers and the carriers. Second premise: for the purposes of achieving that balance has been, throughout history, conventional solutions whereby what is clearly defined, is a regime of limitation of carrier’s liability debt, that is, the responsibility is born unlimited and what is being done is fix the scope of debt that will emerge from it. Third premise: the Paramount clause aims mentioned conventional solutions are applied either by legal mandate or by the parties; In addition these gearboxes can be to a single norm or more, depending on the circumstances of the specific case > the immediate precedent of the Paramount clause lies in the events at the end of the nineteenth century in which a movement promotes in order to regulate in a uniform way the transport of international line. Basically, it was intended to fix a regime, non-derogable minimum of debt liability of the ship owner. It emerged as the first exponent of the above movement in the United States the Act of Congress, 1893 (Harter Act) An Act relating to navigation of vessels, bills of lading, and to certain obligations, duties and rights in connection with the carriage of property defining as its scope any vessel transporting goods or properties from or between ports of the United States of America, and foreign ports (the translation is ours).

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