The Legal Position of Terminal Operators in Hinterland Networks

Table of abbreviations

1 Introduction
1.1 Focus on terminal operators in hinterland networks
1.2 Different roles and terminology
1.3 Research questions and structure
1.4 Research method

Part I The logistic concept within a legal framework
2 Background: Transport integration by terminal operators
2.1 Introduction
2.2 Logistic developments
2.3 Terminal operations
2.4 Integration of inland transport

3 Overview of applicable legal regimes
3.1 Introduction
3.2 The terminal operator as a service provider: Service contracts
3.3 The terminal operator as a depositary: Contracts of deposit
3.4 The terminal operator as a carrier: Contracts of carriage

4 The validity of a uniform contractual liability regime
4.1 Introduction
4.2 The mandatory nature of inland transport law rules
4.3 Limits of liability
4.4 Grounds for breaking these limits
4.5 Period of responsibility and obligation to load and discharge
4.6 Carrier’s responsibility for and protection of persons used for the performance of the contract
4.7 The carrier’s duty of care and specific exonerations
4.8 Procedural matters: notice periods and periods of limitation
4.9 Conclusions Part I

Part II Mixed contracts
5 Doctrines on mixed contracts
5.1 Introduction
5.2 Innominate, nominate and mixed contracts
5.3 Three doctrines on the applicable law to mixed contracts
5.4 Categories of mixed contracts

6 Transshipment: Theories of mixed contracts applied
6.1 Introduction
6.2 The period of responsibility under the contract of carriage
6.3 The legal nature of transshipment
6.4 Demarcation of transport stages during transshipment: Points of reference
6.5 Conclusions Part II

Part III Third parties
7 Extra-contractual liability of terminal operators
7.1 Introduction
7.2 Co-existence and concurrence of contractual and extra-contractual claims
7.3 Extra-contractual liability in case of stevedore damage
7.4 Terminal signs

8 Liability to third parties: International transport law conventions
8.1 Introduction
8.2 Application of conventions irrespective of nature of claim
8.3 Subcarriers
8.4 Other subcontractors

9 Liability to third parties: National law
9.1 Introduction
9.2 Contractual devices to the terminal operator’s benefit
9.3 Dutch law
9.4 German law
9.5 English law
9.6 Belgian law
9.7 Policy considerations
9.8 Conclusions Part III

Summary/conclusion
Samenvatting (Summary in Dutch)
Bibliography
Table of cases
Index
Acknowledgements
Curriculum Vitae