Decision no. 5.990/14.12.2005 of the High Court of Cassation and Justice – unpublished /
ALIACMON RIVER case.
Upon the loading of the vessel in question, i.e. 1999, the 1924 Hague Rules on the carriage
based on bills of lading were in force in Romania, Rules subsequently denounced by Romania by
Law no. 9/2002.
The reasoning of the Supreme Court highlights the following law issues:
make remarks on the bill of lading and a diligence obligation to verify the status and the
apparent condition of the goods, a right that must be exercised in good faith and reasonableness,
and only in accordance with the purpose thereof. This right cannot be allowed by the unilateral
will of the loader which, in turn, must show the same good faith and reasonableness during
the negotiation of the clauses of the bill of lading and also honesty in its statements.
of receipt of a letter of guarantee, with a possible consequence of loss of P&I insurance compensation.
produced may occur, when the conditions set by Article 998 of the Civil Code are met.