Position:Home>Express complaints> The claim for compensation of abroad freightage and manage compensate
The claim for compensation of abroad freightage and manage compensate
From;  Author:Stand originally
Maritime freightage, often produce shortage of goods of damage of goods, the problem of claim for compensation and manage compensate also is accompanied and come. Claim for compensation and manage compensate are sex of a policy strong, involve wide main job, affect the interest of national credit and enterprise directly. According to concerned policy of the country, according to carriage contract, consult international convention, make good investigation and study seriously, be treated correctly and handle claim for compensation and manage compensate, have great sense.


One, the basis of claim for compensation and manage compensate.
Chartering contract and bill of lading are the main basis that handles claim for compensation and manage compensate, they have special provision to use the relation between formulary chartering person and ship-owner, consignor and carrier and respective right, compulsory, responsibility, exempt to wait for item. Carry in regular ship in, although the form of bill of lading of each ship company is differ, more or less does the clause differ, but all consult commonly on international general " The Hague is regular " the clause comes protocol. In carriage of chartered, in principle is according to chartering contract the clause handles claim for compensation and manage compensate work, but still do not deviate from commonly " The Hague is regular " main drive. For example, often use period be opposite about ship-owner in chartering contract model the responsibility regulation of shortage of goods of damage of goods is: "Ship-owner or their management person should serve as carrier, according to 1924 " The Hague is regular " the 3rd is opposite with the 4th the representative of captain or the chartering person via captain accredit or chartering person, every Zhang Di that signs and issue by mate receipt place is odd, the lack of goods of responsible institute acceptance of consignment, destroy break or damage damage. "Accordingly, want to handle good claim for compensation and manage compensate work, must study well " The Hague is regular " .

2, the principle of claim for compensation.
When handling case of claim for compensation, should master the following principle:
1 . Be practical and realistic.
According to the actual condition of the accident, the analysis causes the cause of the accident, determine losing degree or exact amount. Corresponding the goods of this claim for compensation, must hold to claim for compensation.
2. Have a root according to.
Handle external case of claim for compensation, want to have thorough and meticulous investigation and study, master the effective certificate of shortage of goods of damage of goods. The basis carries the provision of the contract, respect concerned international tradition, accomplish have a root according to, this is the foundation that handles goods claim for compensation.
3. Fair and reasonable.
When handling complex case, the basis causes losing all sorts of elements, the blame that decides carrier agree is carried reasonably. Solve in time from advantageous case set out, can make some of concession when necessary, accomplish fair and reasonable.
Previous12 3 Next