Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Refine search results

Journals help

  1. 4 Prawo Morskie

Authors help

  1. 4 Dragun-Gertner M.

Years help

  1. 1 2008

  2. 1 2007

  3. 1 2006

  4. 1 2004

Results found: 4

first rewind previous Page / 1 next fast forward last

Search results

help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

The Legal Application of the Regime for Carriage of Goods by Sea according to the Project of the UNCITRAL Convention

100%
Dragun-Gertner M.
Prawo Morskie
|
2008
|
vol. 24
21-32
EN
The authoress discusses in detail the project of the new convention for cargo transport wholly or in port by sea. The UNCITRAL Working Group for Transport has been dealing with this matter since 2002, and has now finished its work. This paper is the first of its kind in Polish legal literature. The future convention is to constitute the basis for regulation within the convention of matters connected with transport by various transport branches, for it establishes the extension of its application beyond transport by sea. The convention project has two aims: (a) - the establishment of a unified regime of liability; and (b) - the definition of the principles behind the use up to now of one transport document for an entire transport route.From the start it was known that the convention should apply to line transports, because these are marked by inequality in the positions of the parties involved. It may also, exceptionally, have application to tramp shipping in which there is equality of parties.
2

Electronization of maritime trade and Polish maritime law

100%
Dragun-Gertner M.
Prawo Morskie
|
2007
|
vol. 23
147-159
EN
At the current stage of information technology development there is no need, as yet, to modify Polish norms referring to the maritime transport of cargo. Information technology can be applied without limitation. Therefore, the maritime code modeled on RHV normalizations can remain without alteration and maintain the consistence of solutions in both international and domestic law.
3

Electronic bill of lading in maritime transport

100%
Dragun-Gertner M.
Prawo Morskie
|
2004
|
vol. 20
107-118
EN
This is the first article in the Polish literature dedicated to this topic of increasing interest. Currently, the bill of lading is not regarded as a valuable document by the 200 largest loaders. The speed of transport also means that the bill of lading is useless and has been replaced by maritime cargo letters.There remain, however, certain areas of trade in which the bill of lading is a necessary document. Therefore, steps have been taken to computerize its issue and transfer. It is uncertain if the Hague and Hague-Visby Rules apply to the electronic bills of lading. The Hamburg Rules permit an electronic signature on bills of lading, provided that this is not in contradiction with the law of the country in which the bill of lading is issued. In order to ensure that the use of the electronic bill of lading will not be questioned in international trade, it must be clearly stated in an international convention. In 2000, the CMl presented UNCITRAL with a proposal for a new convention on maritime cargo transport, with the electronic documentation of transport rules, including electronic bills of lading. Work on this convention is in progress.
4

Transferability of bill of lading as security

100%
Dragun-Gertner M.
Prawo Morskie
|
2006
|
vol. 22
99-111
EN
This article focuses on an important theoretical and practical issue, namely the transferability of bills of lading. More specifically, it addresses the legal consequences that result from the transfer of bills of lading as documents used in the practice of maritime trade. This rule, which has been shaped by customs in the maritime trade, links the law that requires releasing cargo carried on a vessel with the possession of a bill of lading. Over time, the bill of lading has become a document that is related closely to the cargo described in it. The document became a means for identifying the party entitled to it. The transfer of the document results in the transfer of the rights incorporated in it. Based on jurisdiction and British doctrine, the authoress analyses the controversial issue of the legal consequences of transferring bills of lading. She emphasizes the tendency to diverge from former concepts, according to which the transfer of bills of lading permitted not only possession but also ownership of the cargo, in favor of new concepts, according to which the transfer of bills of lading only results in the transfer of the possession of the cargo. The article also discusses the features of bills of lading as documents of title and the principles of transferring various types of bills of lading, including in the various definitions of the terms 'negotiable' and 'transferable'.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.