Chapter V
CONTRACTS OF CARRIAGE OF CARGO BY SEA

Section 1. GENERAL PROVISIONS

Article 70.-Contracts of carriage of cargo by sea
1. A contract of carriage of cargo by sea is a contract concluded between a carrier and a charterer, whereby the carrier agrees to carry a definite cargo by seagoing vessel from port of loading to port of delivery, in return for a definite freight paid by the charterer.
2. Cargo includes machinery, equipment, materials and raw materials, fuels, consumer goods and other moveable assets, including live animals, containers or similar tools supplied by the consignor for cargo packing, which are carried under contracts of carriage of cargo by sea.
3. Freight means remuneration paid to a carrier under a contract of carriage of cargo by sea.

Article 71.- Types of contracts of carriage of cargo by sea
Contracts of carriage of cargo by sea include:
1. Contracts of carriage according to carriage documents, which are contracts of carriage of cargo by sea concluded on the condition that instead of allowing for the cargo the whole cargo space of a vessel or a definite part thereof, the carrier will perform the carriage on the basis of the cargo’s kind, quantity, measure or weight.
Contracts of carriage according to carriage documents are concluded in a form agreed upon by the involved parties.
2. Contracts of carriage according to voyage, which are contracts of carriage of cargo by sea concluded on the condition that the carrier will allow for the cargo the whole cargo space of the vessel or a definite part thereof, for a voyage.
Contracts of carriage according to voyage must be concluded in writing.

Article 72.- Involved parties to contracts of carriage of cargo by sea
1. Charterer is the party that directly concludes or authorizes another party to conclude a contract of carriage of cargo by sea with a carrier. In case of contracts of carriage according to carriage documents, the charterer is called consignor.
2. Carrier is the party that directly concludes or authorizes another party to conclude a contract of carriage of cargo by sea with a charterer.
3. Actual carrier is the party that is entrusted by a carrier to perform the carriage of cargo by sea in whole or in part.
4. Shipper is the party that directly consigns or is entrusted by another party to consign cargo to a carrier under a contract of carriage of cargo by sea.
5. Consignee is the party that is entitled to receive cargo under the provisions of Article 89 and Article 110 of this Code.

Article 73.- Carriage documents
1. Carriage documents include bills of lading, ocean through bills of lading, sea waybills and other carriage documents.
2. Bill of lading is a carriage document serving as evidence of the receipt by the carrier of the cargo in the quantity, kind and conditions as indicated in the bill of lading for carriage to the place of discharge; as evidence of the ownership of the cargo for the disposal or receipt of the cargo and as evidence of the contract of carriage of cargo by sea.
3. Ocean through bill of lading is a bill of lading expressly indicating that the carriage of the cargo is performed by at least two ocean carriers.
4. Sea waybill is an evidence of the receipt of the cargo as indicated in the sea waybill; an evidence of the contract of carriage of cargo by sea. Sea waybills are non-negotiable.5. Other carriage documents are documents with their contents and validity agreed upon by the carrier and the charterer.