Lloyd's Maritime and Commercial Law Quarterly
LEGAL RELATIONS OF STEVEDORES IN COMPARATIVE LAW
Dr. Stojan Cigoj
Professor of Civil and Private International Law, Law Faculty, University of Ljubljana, Yugoslavia.
I. Regulations
In comparative law, little attention is devoted to the legal relations of stevedores. Only a few legislations have regulated their status. The maritime codes of the U.S.S.R.— (1968) and Poland (1961), even though they are recent ones, do not mention stevedores. Among the rare codes mentioning stevedores is the Italian Codice della Navigazione (Navigation Code), 1942. By art. 454 of this Code it is provided that, in the case when a ship is prepared to unload and the consignee does not appear or, when he appears but he refuses to take the goods, the carrier is entitled to hand over the goods to a company authorized to discharge the goods. This company is responsible to the consignee as a custodian. When, however, the consignee is present, the discharge is carried out on behalf of the ship and the costs are to be borne by the ship.
The stevedore is mentioned by the French law on charter contracts and marine transport (June 18, 1966: Loi No. 66-420 sur les contrats d’affrètement et de transports maritimes). According to art. 50 the stowage company has to accomplish the operation of loading and discharging goods and the connected operations of depositing in sheds or in the open and re-acceptance from there. The stowage company operates on the account of the person who hires it, and it is responsible only towards this person who has sole action against it.
The stevedore is mentioned in the Marine Code of Madagascar. According to art. 10.7.04 the stevedore operates on behalf of the charterer before acceptance under the winches and on behalf of the consignee after acceptance under the winches.
The status of stevedores not being regulated by legal Acts (statutes) in a prevailing number of countries, general conditions have been worded by the stevedores themselves or by their associations. Some of these general conditions regulate the responsibility of the stevedore. Among other exceptions of stevedores’ liability, there is also the exception of liability for damage caused by the breaking of chains or the breakdown of cranes, etc. (No. 11/VI general conditions of the Stevedores’ Association, Hamburg. Allgemeine Bedingungen des Vereins Hamburger Stauer; No. VI. 35 general conditions of the Association in Bremen: Allgemeine Stauerbedingungen des Vereins der Bremer Stauereibetriebe e.V., Bremen). There are also limitations of liabilities (up to a sum per kilogramme, up to a certain percentage of the tariffs for the respective goods; general conditions, Hamburg No. 10/VI, general conditions, Bremen VI/36).
It is understood that stevedores are also mentioned in the charter contracts and other contracts of carriage; often it is stipulated who has to hire the stevedores and to pay for their operations, and who has to bear the costs and the risks. Sometimes, further questions are regulated. The master of the ship has the right to hand over the goods at the port of destination to a stowage company and the consignees have to take over the goods from this enterprise.
296