The Comparative Study on Reservation Right for Consignee in Various Types of Contracts for Transport

Subject Areas : Journal of Law and Politics

Amir Hoseyn Fakhari ¹ , Sharareh Mofidian ²

1 - ندارد
2 - ندارد

Received: 2015-07-13 Accepted : 2015-07-13 Published : 2009-01-20

Keywords: Goods Trans, Responsibilities of Carrier, Delivery of Goods, Reservation Right for Consigne, Terms of Applicable of Reserva, Notice of Claim,

Abstract :

carrier shall be obliged to deliver goods to consignee in accordance with mentioned qualificationin Bill of Lading Hence, consignee has direct right arising from contract of carriage against carrier.The right of consignee has not been mentioned in Acts and in international conventions as«Reservation Right», but by giving right to consignee for sending notice of claim after receipt anddetermining damages and importance of them , the reservation right has practically established infavor of consignee. The right of Carrier in time of receiving goods for mentioning the qualificationof goods in Bill of Lading, is recognized as reservation right. On the other hand, a similar right isconsidered at the end of carriage in favor of consignee In destination, consignee shall have right todeclare the non-conformity of goods with description of Bill of Lading at delivery or to maintain hisright by sending the notice according to regulation after delivery and inspection. Although the rightof consignee can not be mentione in Bill of Lading like the right of carrier, but it could not be entitledother than «Reservation Right for Consignee» .There are different discussions over basic of the rightof consignee against that for carriers’ due to relativity of contract .In some international regulations,right of action for consignee shall be eliminated if notice is not brought timely, except for the case ofcarrier’s malice. It will be necessary to consider some excuses for lack of timely notice circumstancebecause of its gross compensation. Incidentally determining identification of carrier in text of Acts orconventions can be effective in establishment of justice in proper time with lower costs.