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

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