CMNI****** definition
Examples of CMNI****** in a sentence
Qualified culpability under Article 21 I CMNI, resulting in the breaching of liability limits and exemptions from liability, is not tantamount to gross negligence, because the inland navigation law criteria are traditionally more stringent, but presupposes an especially serious breach of obligations in which the boat master or his employees crassly disregard the contracting parties’ safety interests.
Where goods are carried across international inland waterways, the contract of carriage is governed by the provisions of the CMNI and, in addition, as set out in CMNI Art.
Although there is no reference to the unloading of the cargo, the Court nevertheless agrees with the predominant view expressed in literature, that this is an editorial error (▇▇▇ ▇▇▇▇▇▇▇▇▇/Holland, German inland navigation law, 5th edition, CMNI Art.
Unlike under German law (Article 426 HGB), for example, custodial liability under Article 16 CMNI shall cease to apply, by analogy with Dutch law (Article 8:901 I first sentence BW), if in the event of general (not utmost) diligence on the carrier’s part, the damage was unavoidable; the standard of care in Article 16 I HS 2 CMNI corresponds to that of Article 276 BGB (German Civil Code), Article 437 I HGB and Article 606 2nd sentence HGB.
As the CMNI contains no provision concerning demurrage, the national law chosen by the parties (Belgian, in the matter currently under consideration) shall apply.
The CMNI is German domestic, but not directly national, law as construed by Article 3 I ROME 1 VO (traffic regulations), and takes precedence over national law where the provisions of the latter are not mandatory.
The agreement concluded between the parties, referred to as the “charter agreement”, is subject to the provisions of the CMNI with regard to the obligation to load and unload.
As the CMNI contains no provision for mandating the payment of interest on the outstanding freight and other costs, national law (Belgian, in the matter currently under consideration) shall apply.
In the case of damage caused on 25 March 2007, the CMNI which entered into force in Germany on 1 November 2007 did not yet apply.
The burden of proof that the product loaded complied with the specification and that the damage was caused during transport, lies with the cargo, in accordance with CMNI Art.