The Carrier's Absolute Exemption from Liability for Technical Fault and Fire Damage in Light of Court of Cassation Decisions
DOI:
https://doi.org/10.65380/bhd.2025.1.5Keywords:
Liability, fire, technical fault, seaworthiness, carrierAbstract
This study addresses the issue of the carrier's absolute exemption from liability for damages arising from technical fault and fire in the carriage of goods by sea. The main objective of the study is to identify and examine in detail the circumstances that exempt the carrier from liability. In this context, the study is divided into two main sections. The first section examines the historical process leading to the emergence of cases of absolute non-liability of the carrier and the international agreements regulating this matter. The second section provides a detailed assessment of the circumstances of absolute non-liability for damages arising from technical fault and fire, which constitute the main subject of the study. In this context, the second section is examined under two subheadings: faults arising from the operation and other technical management of the ship, and fire. The examination takes into account the views in the doctrine and the practices of the Supreme Court.
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