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Home / Laws / Article 236. Limitation period for claims arising from a contract for the carriage of passengers, baggage and cargo by sea The Merchant Shipping Act

Article 236. Limitation period for claims arising from a contract for the carriage of passengers, baggage and cargo by sea The Merchant Shipping Act

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 236. Limitation period for claims arising from a contract for the carriage of passengers, baggage and cargo by sea The Merchant Shipping Act  

     1. Claims against the carrier arising from the contract of carriage by sea may be filed in the event of the carrier's complete or partial refusal to satisfy the claim or in the event of failure to receive a response from the carrier to the claim.

     2. The limitation period under the contract for the carriage of cargo by sea is one year, and under the contract for the carriage of passengers and baggage it is six months.

      3. The specified period under the contract for the carriage of goods by sea is calculated:  

     1) for claims for damages for loss and shortage of cargo – after one month from the date when the cargo must be delivered;

      2) claims for damages for damage (damage) to the cargo, delay in delivery of the cargo, refund or collection of transportation fees from the date of delivery of the cargo and, if the cargo has not been delivered, from the day when it should be delivered;  

      3) claims for damages for non-delivery of the vessel or its late delivery, payment of demerrage and dispatch from the end of the month following when the cargo transportation began or should have begun;  

     4) in all other cases, from the date of the occurrence of the event that served as the basis for the claim.

 

 

The Law of the Republic of Kazakhstan dated January 17, 2002 No. 284.

     This Law defines the legal, organizational, economic and international foundations of public administration in the field of merchant shipping and regulates relations related to the transportation of passengers, baggage and cargo, ensuring safety in maritime transport and environmental protection.

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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