Liability of the Carrier in the 2009 Romanian Civil Code and the Convention on the Contract for the International Carriage of Goods by Road, Geneva, 1956
Journal Title: Revista de Stiinte Politice. Revue des Sciences Politiques - Year 2018, Vol 1, Issue 57
Abstract
The contract for the international carriage of goods by road is governed by the International Convention concluded at Geneva in 1956 under the aegis of the United Nations Economic Commission for Europe, which entered into force on 2 July 1961. This convention, like other conventions in the field of international trade law, aims to create uniform substantive rules designed to remove legal obstacles to the development of international trade relations. The regulation of the carrier’s liability by the Romanian legislature in the Civil Code of 2009 shows obvious similarities, in its essential aspects, with the regulation of the Convention on the contract for the international carriage of goods by road, Geneva, 1956. There are similarities in the two regulations as regards the establishment of the professional carrier’s obligation to accept any transport request, as regards the determination of the contractual liability of the carrier, the imposition of a carrier’s presumption of fault in the event of injury, as well as from the perspective of limiting the carrier’s liability.
Authors and Affiliations
Sevastian Cercel, Ștefan Scurtu
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