Container demurrage in face of maritime transportation agreements: regulation in Brazilian law and the necessity to review the current legal framework available

Abstract

This study aims to present the legal aspects of maritime transportation agreement under Brazilian law, in order to assess and analyze possible judicial charges that are based on the container demurrage clause. Thus, the paper analyzes the contract from a theoretical and practical perspective, its sources and the charges for container demurrage, as well as the suitability of the legal frameworks that are proposed either by legal scholars and precedents to regulate the matter. This is a qualitative and exploratory research based on the deductive method, under the grounds of legal concepts and rules, while using primary sources of bibliography, such as scientific papers on the matter.