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The evidentiary effect of the Contract of Particulars under The Rotterdam Rules

The evidentiary effect of the Contract of Particulars under The Rotterdam Rules
The evidentiary effect of the Contract of Particulars under The Rotterdam Rules
The contract particulars have crucial importance when an action is brought against the carrier. They assist to the claimants, and therefore, the Convention renders them some statutory evidentiary values. Depending on the holder of the transport document, the contract particulars in a transport document are traditionally specified as either prima facie evidence or conclusive evidence. The Rotterdam Rules follows the traditional division, but it introduces some novelties in respect of the conclusive evidence rule. This article examines that how the Convention regulates the prima facie evidence rule and the conclusive evidence rule.
evidentiary effect, contract particulars, prima facie evidence, conclusive evidence, the rotterdam rules
1308-0636
25-41
Bulut, Belma
7eec50ef-8aa2-4b2e-a704-8d546122e5be
Bulut, Belma
7eec50ef-8aa2-4b2e-a704-8d546122e5be

Bulut, Belma (2012) The evidentiary effect of the Contract of Particulars under The Rotterdam Rules. Ankara Bar Review, 5 (1), 25-41.

Record type: Article

Abstract

The contract particulars have crucial importance when an action is brought against the carrier. They assist to the claimants, and therefore, the Convention renders them some statutory evidentiary values. Depending on the holder of the transport document, the contract particulars in a transport document are traditionally specified as either prima facie evidence or conclusive evidence. The Rotterdam Rules follows the traditional division, but it introduces some novelties in respect of the conclusive evidence rule. This article examines that how the Convention regulates the prima facie evidence rule and the conclusive evidence rule.

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More information

Published date: 2012
Keywords: evidentiary effect, contract particulars, prima facie evidence, conclusive evidence, the rotterdam rules
Organisations: Southampton Law School

Identifiers

Local EPrints ID: 344335
URI: https://eprints.soton.ac.uk/id/eprint/344335
ISSN: 1308-0636
PURE UUID: e39a351a-b78a-4ed1-a910-18ed00e32175

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Date deposited: 18 Oct 2012 09:06
Last modified: 18 Jul 2017 05:17

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