By noting that a carrier

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

The situation

In noting that a maritime carrier had not "proceeded in an appropriate and serious manner with the loading" of the ship, that because of this poor loading the unloading of the cargo as a whole had been abnormally long and that because of this prolongation of the unloading operations the packages containing perishable goods were still on board when the ship received from the authorities of the country of destination the order to leave the port, a Court of Appeal rightly points out that the master had, at the outset, failed in his duty of due diligence prescribed by the Brussels Convention in its Article 3, paragraph 2.

What the law says

This decision confirms the fundamental principles of property law.

Key points

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

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