Container stowage responsibility
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Responsibility in the stowage of containers
The question of liability in the loading and stowing of containers is crucial in the transport of goods. Let’s see who is responsible according to legal regulation, customs and customs in transport, and what the case law says about it:
Liability according to legal regulation:
- Article 20 of Law 15/2009 on the contract of land carriage of goods states that loading and stowing operations are the responsibility of the shipper at the place of origin.
- Unloading and unloading operations correspond to the consignee at the place of destination.
- There is the possibility of making an agreement with a carrier for the loading and stowing to be carried out with it, provided there is a prior agreement between the parties before the actual presentation of the vehicle.
Uses and customs in transport:
- Uses and customs also play an important role. For example, in land transport, it has become common for cargo to be secured by the carrier, whereas in maritime or container transport, it is usually the shipper’s or the shipper’s responsibility.
- These practices are not explicitly regulated by law, but are widely accepted in the transport sector.
Jurisprudence:
- Provides that stowage and carving activities must be regarded as distinct and independent. The stowage corresponds to the shipper, while the ratchet, which refers to the fastening of the load, is the carrier’s responsibility.
- It is important to distinguish these operations, as vehicle safety and load stability depend on them.
In short, it is essential to understand the roles and responsibilities of each party in the freight transport process to avoid confusion and ensure the safety and efficiency of the operation.
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