Freint de Route (In-transit loss) in Carriage of Oil Products by Sea

Document Type : Research Paper

Author

private law department, faculty of law and political science, university of Tehran

10.22099/jls.2024.48533.5027

Abstract

One of the examples of damage caused to goods carried by sea is the short delivery of the goods which is found out upon discharge at the destination port. This kind of loss which is more common in some particular goods, especially oil products, does not happen due to the fault of the carrier or its crew but is caused by the nature of the goods and the conditions of transportation. The main causes of this damage in the transportation of oil products can be summarized in oil evaporation, oil adhesion to the tank walls, the presence of water and sediments in the oil, miscalculations in the amount of oil loaded or unloaded, etc. It is an old-established practice in the maritime carriage of oil that the carriers are exempt from compensating for this type of loss, which is well known as "Freint de Route/ In-Transit Loss)" or "Customary Allowance", and in this article, due to its normality in the sea carriage, it is called "natural damage", to the extent of almost half a percent (0.5%). The legal nature of in-transit loss, the conditions for the exemption of the transport operator from its compensation and the extent of such acceptable loss in the carriage of oil products by sea are among the most important issues that have been dealt with in this manuscript.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 21 April 2024

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