DENMARK Law and Practice Contributed by: Johannes Grove Nielsen and Camilla Søgaard Hudson, Bech-Bruun
regulations are considered maritime law and administered by the Danish Maritime Authority.
irrespective of whether the plaintiff is the holder of a bill of lading. The bill of lading is decisive for the legal relation - ship between the issuer of the bill of lading and the person who, with the bill of lading in hand, demands delivery of the cargo. Moreover, under Danish law, a cargo interest may sue a carrier for damage due to loss or damage of cargo under the general rules on non-contractual liability. 3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages A carrier (whether the performing carrier or con - tractual carrier) is responsible for the goods while the goods are in the custody of the carrier in the port of loading, during transport and in the port of discharge. The carrier is liable for losses arising out of dam - age to or loss of goods, as well as for delay, while those goods are in the custody of the car - rier, unless the carrier substantiates that fault or neglect by the carrier or someone for whom the carrier is liable did not cause the loss or damage. The carrier is not liable for loss or damages caused by fault or neglect in the navigation or the management of the ship. Similarly, the car - rier is not liable for loss or damages caused by fire unless caused by the actual fault or privity of the carrier. The carrier is also exempted from liability for damage done to live animals during transportation. Notwithstanding this, the carrier is liable for loss due to unseaworthiness caused by want of due diligence on the part of the carrier to make the ship seaworthy. The contracting carrier, as well as the performing carrier and anyone for whom the carrier is liable, may limit the liability arising out of the carriage of goods by sea. Thus, the liability shall not exceed
3. Cargo Claims 3.1 Bills of Lading
Denmark is a party to the 1968 Hague-Visby Rules and has incorporated the Rules into the Danish Merchant Shipping Act. In addition, Denmark has adopted the Rot - terdam Rules and parts of the 1978 Hamburg Rules, even though Denmark is not a party to the Hamburg Rules. 3.2 Title to Sue on a Bill of Lading Under Danish law, the rightful holder of a bill of lading has title to sue on the bill of lading. Rights under a bill of lading, including title to sue, are transferred when the bill of lading is validly transferred. To what extent a bill of lading can be transferred depends on its wording. It can be issued to a specific person, to order or to a bearer: • if it is issued to a specific person, it cannot be transferred and only that person has the right to sue; • if it is issued to order, any person who by a consecutive series of transfers can prove that they are the rightful owner has title to sue on the bill of lading; and • if it is issued to the bearer, any person who has the bill of lading in their possession has the rights. However, it must be noted that the carrier is responsible for the goods while the goods are in the custody of the carrier, and anyone able to prove a legal interest related to the goods is, under Danish law, permitted to sue the carrier,
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