Liability Of The Carrier In The Transport Contract

The development of modern society is inconceivable without the activity of transporters, which has increased greatly in recent years. It was even said that there was the notion or even the phenomenon of mega transporter, which was determined by the “globalization of production and the internationalization of trade (Botea, 2013, p.10)." The French lawyer Louis Josserand stated even in 1926 that transport is an indispensable element of life, offering the opportunity to know and perceive, to assimilate as much as possible from what human civilization provides us. The liability of the carrier for damages caused by his deed or the deed of other persons is based on a result obligation originating on the contract. Damage, alteration, degradation of goods by destruction, theft, fires, road accidents, delay of transport attract the carrier's liability and obligation to repair the damage. In addition, the liability is also borne in the case of non-performance of the transport, in which case the principle of the full reparation of the damage, that is, the loss suffered and the unfulfilled benefit is applicable. It is also possible to include in the transport contract a criminal clause establishing a conventional compensation that will be higher than the real value of the goods. In general, analysis of the carrier's liability is made in the light of the provisions of the Civil Code, the common law in the matter and the specific legislation of each type of transport. In addition, in the road transport, the provisions of the Geneva Convention on the International Carriage of Goods by Road were analyzed. With regard to the applicable law, in the provisions of the law on the implementation of the Civil Code, in this case art. 141 states that "the liability of the carrier is governed by the law in force at the time of the occurrence of the event which caused the damage, even if it was known by the passenger, the consignor or the consignee, as the case may be, after the entry into force of the Civil Code". There may also be limitations on carrier liability or exemptions from liability, which are stipulated in the Civil Code, yet the clauses that remove or reduce the liability established by law in the burden of the carrier are considered unwritten. The carrier's liability analysis is based on the provisions of the Civil Code, the common law in the field, and the Geneva Convention on the International Carriage of Goods by Road.