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Abstract

An exemption from damage arising from an act, neglect,or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of a ship, commonly referred to as the nautical fault defense, was included in the Polish Maritime Code 1961 and continues to be valid under the current Maritime Code 2001. The Author argues that this concept is out-dated and should be relinquished. His analysis of Polish and overseas case law – most notably the Tasman Orient Line CV v NZ China Clays Ltd & Others (2009) NZCA 135 (the Tasman Pioneer case) – lead him to believe that the deletion of the nautical fault defense from the Rotterdam Rules is a positive development, thus making the Rules a modern piece of legislation, well adapted to the present international law on international carriage of goods.
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