Resumen de Seaworthiness and Major Accidents at Sea: An International Perspective
This study gives an overview of the international understanding of “seaworthiness,” both in contracts of carriage and in charterparties. The obligation to provide a seaworthy ship is of great importance in all contracts of carriage that are governed by the Hague or the Hague–Visby Rules, and presents a duty that cannot be derogated from. The study considers a number of aspects, namely the required condition of the vessel, the necessary standard of care in ensuring the seaworthiness of the vessel, the point in time in which seaworthiness is assessed, and the question if fault or negligence of third parties can be attributed to the person in charge of the vessel. Precedents on these aspects from different countries are compared in order to assess whether there is international uniformity in the understanding of the term. In each case, a comparison is drawn between the provisions of the HVR and the law applicable to charterparties, which is usually governed by standard contracts rather than mandatory international law.
