2002•Annual of China Maritime LawRequires access
On the Doctrine of Overriding Obligation Under Hague Rules ——And Commentary on the Provision of the Basis of the Liability Under the UNCITRAL Draft Instrument on Transport Law
SI Yu-zhuo
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Abstract
The doctrine of overriding obligation is central regarding the relationship between the exonerations from the liability and the obligation of the carrier. Under the Hague Rules, the obligation of seaworthiness is an overriding obligation. This paper is still applicable under the Draft Instrument on Transport Law. At last, it makes suggestions on the amending the relevant provisions in this Draft.