The Container Return Term of Responsibility and the Freight Forwarder’s Liability for Demurrage: A Legal Analysis

Abstract

This article examines the legal effects of the shipowner’s imposition of the Container Return Responsibility Term on the freight forwarder listed as consignee in the Master Bill of Lading (MBL), analyzing the issue in light of the principles of pacta sunt servanda and objective good faith. It investigates the role of the MBL before government agencies responsible for the nationalization of imported goods and the legal nature of demurrage as a charge arising from this contractual relationship. Finally, it evaluates the impact of Bill No. 487/2013, which proposes the new Commercial Code, regarding regulatory adequacy and the protection of the cargo agent.