T1 El contrato de transporte marítimo internacional: Derecho material uniforme y autonomía de la voluntad.
A1 Pérez Luís, Alberto
A2 Grado En Derecho
K1 Derecho material uniforme
K1 Transporte marítimo internacional
K1 Contrato
K1 Autonomía de la voluntad
AB Throughout this work we will have the opportunity to verify that, at thepresent time, it is very complicated that we can speak in purity of auniformity of the Law of maritime transport. In this way, there are multipleinternational agreements on material law that are often contradictory to eachother, in addition to areas of application and number of unequal ratifications.For the rest, the application of one or the other agreement will often dependon the Courts in charge of each litigation, which on the other hand doesnothing but encourage forum shopping. In another order of things, the States, through internal laws thatincorporate one of the aforementioned Conventions, modify them, not tomention that there are still a significant number of States that have not ratifiedany uniform material regulations. Finally, there is a danger that the Courtswill make divergent interpretations of terms and legal institutions specific tomaritime transport. The problems do not disappear, but rather are accentuated, if we goto other regulatory way, especially the autonomy of the will of the contractingparties. Within the autonomy of the will, it becomes relevant the use of theparamount clause as expression of the willingness of the contracting parties tosubmit the contract of transport either to a certain conventional regime(Hague, Visby or Hamburg), or to a state law that has given effect. For a more accurate approach to the paramount clause it is advisableto differentiate interpretations of it offered in the member states of theBrussels Convention and those that have not ratified any conventional text,interpretations made after the entry into force of the Rules of Visby andHamburg. For the rest, it will be necessary to distinguish clearly between material autonomy and conflictual autonomy to avoid confusion between the will expressed in a paramount clause and that expressed in a clause of electio iuris.
YR 2019
FD 2019
LK http://riull.ull.es/xmlui/handle/915/14880
UL http://riull.ull.es/xmlui/handle/915/14880
LA es
DS Repositorio institucional de la Universidad de La Laguna
RD 24-nov-2024