Açıqlama:

The present article contains the historical background and concept of nautical fault exemption. The reasons behind the exemption have also been differentiated and how it was incorporated into legislative acts, as well as international conventions in article. The comparative analysis of the regulation of nautical fault exemption within international conventions was conducted. Further, the Article laid down the conceptual basis of the nautical fault exception and the relationship among the seaworthiness, care for cargo and nautical fault exemption by referring case law. Finally, burden of proof was explained and arguments against and for the abolishment of the nautical fault exemption was discussed.