CARGO OWNER’S STATUS IN CARRIAGE LEGAL RELATION-SHIPS

Abstract

In practice, cargo owners frequently encounter situations where, due to existing provisions of transport legislation, they are unable to assert claims arising from the cargo carriage contract against carriers in cases of loss, damage, or deterioration of the cargo. From an economic perspective, this undermines the balance of interests among participants in the carriage process. In this regard, it is pertinent to examine the cargo owners’ legal status during its transportation, taking into account the norms of current legislation and judicial practice. Purpose: to explore, from both theoretical and practical (through analysis of judicial practice) viewpoints, the possibility for cargo owners to assert claims against carriers related to loss, shortage, or damage to the cargo. Methods: the comparative legal method is employed to illustrate the existing regulatory framework regarding owners’ rights at the national level across various modes of transport, as well as at the international level. The methods of generalization and analysis facilitate the formulation of conclusions of practical significance in relation to the research topic. Results: the article examines the cargo owners’ legal status in carriage relationships and presents proposals for the improvement of transport legislation.