Having held that the carrier

This decision provides important insight into your property law rights. Here is what it changes for you.

The situation

Having held that the maritime carrier does not prove that the consignee was enabled, having been informed of the arrival of the goods, to take delivery of them, a court of appeal correctly deduces that delivery to the consignee was not effected and that, consequently, the carrier is not entitled to rely on the under-tackle delivery clause to exempt itself from liability incurred due to loss of the goods following a break in the continuity of refrigeration.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly comply with the statutory time limits for appeals.
• Keep all your supporting documents (title deeds, instruments, correspondence).
• Plan ahead: preventive advice always costs less than litigation.

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.