The liability of the carrier for unsafe carriage of cargoes: theory and practice

This scientific article is devoted to the liability of the carrier for unsafe carriage of cargoes. This article highlights imperfections of legislation determining the basis of liability of the carrier, in particular the problem of liability of the carrier for guilty conduct while fulfilling its obligation or of liability without fault. Case law and doctrine have different understanding of the rule prescribed by paragraph 1 of article 796 of the Civil Code of the Russian Federation. This article also focuses on the relation of the notion of “force majeure” to paragraph 3 of article 401 and paragraph 1 of article 796 of the RF Civil Code.