Characteristics of the cargo insurance contract in case of international land transport

• Author: ?tefan Matei D?nil?
• Position: PhD Candidate, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: mstdanila@yahoo.com).
• Pages: 25-33

LESIJ NO. XXIV, VOL. 2/2017

CHARACTERISTICS OF THE CARGO INSURANCE CONTRACT

IN CASE OF INTERNATIONAL LAND TRANSPORT

Ștefan Matei DĂNILĂ *

Abstract

Cargo international transport is an engine for the development of the economic relations

between states involving cross-border movement of goods through the crossing of at least one border

of a state (international transport) or by crossing at least two border crossing points, in which case we

are in the presence of an international cargo transit. During the transit the goods tra nsported may be

subject to an insurance.

The object of the cargo insurance is, thus, represented by the goods, the items expressly listed in

the insurance policy, within the territorial limits specified in the insurance policy, both during the

transport and during the storage, in the latter case, at the express request of the insured and with the

acceptance of the insurer.

This paper analyzes the characteristics of the cargo insurance aiming to present the theoretical

and practical aspects of interest with regard to the cargo insurance concluded in case of an

international land freight transport.

Keywords: international freight transport, cargo, insurance, risk, land transport of goods

1. Introduction

For the goods to satisf y the n eeds for

which they were created, it is necessary that

they are transpor ted from the production

site to the place where the y meet the

demand, so that, often, their exploitation is

carried out on the international marke t.

Therefore, the transport mee ts the need for

movement of goods, their transi t being,

often, international (fro m the territor y of a

state to the place of destination located in

another stat e).

In the field of internati onal cargo

transport we find insur ance contr acts

within sale-purchase contracts, wit h direct

implications o n the exec ution of the

contract, including on the transport

1

. The

* PhD Candidate, Faculty of Law, "Nicolae Titulescu" University of Bucharest (e-mail: mstdanila@yahoo.com).

1

A. Butnaru, Transporturi și asigurări internaționale de mărfuri, Publishing House Foundation România de

Mâine, Bucharest, 2002, p. 227.

transport and ins urance costs directly

contribute to the formation of the

internationa l prices of goods.

The insurance of the goods that ar e

subject to the international trade activity is

concluded depending on the conditio ns

included in the sale -purchase c ontract,

respectivel y the clauses re garding the

conditions of delivery of the goods .

The cargo i nsurance contract for road

transport rep resents the agreement betwee n

the insured and the insurer based on which

the insured undertakes to pay a premium to

the insurer, and the latter takes over the risk

of the of t he occurrence o f the insured

event, binding himself to pay to the insured,

on its occurr ence, a compensation or an

amount i nsured within t he agreed limits of

the content. The conclusion o f the