Liability of the transportator in the case of the railway transport contract

Author:Adriana Elena Belu
Position:PhD Candidate, Bucharest University of Economic Studies, Lawyer in Dolj Bar Association
Pages:20-29
SUMMARY

When dealing with rail transport, whether we deal with aspects of domestic or international rail transport, the provisions of GO no. 7/2005 for the approval of the Romanian Railways Regulation and the Romanian Rail Transport Regulations for Internal Transport and the Convention on International Carriage by Rail (COTIF) of 9 May 1980 and Uniform Rules for the International Carriage of Goods Goods (... (see full summary)

 
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LESIJ NO. XXVI, VOL. 1/2019
LIABILITY OF THE TRANSPORTATOR IN THE CASE OF THE RAILWAY
TRANSPORT CONTRACT
Adriana Elena BELU
Abstract
When dealing with rail transport, whether we deal with aspects of domestic or international r ail
transpor t, the provisions of GO no. 7/2005 for the approval of the Romanian Railways Regulation and
the Romanian Rail Transpor t Regulations for Interna l Transport and the Convention on Inter national
Carr iage by Rail (COTIF) of 9 May 1980 and Uniform Rules for the Internationa l Carria ge of Goods
Goods (CIM) for international tr ansport.
Keywords: Contractua l transport, ra il transport, tor t law, illicit nature of the harmful act.
Introduction
Relationships arising from the
transport contract are independent of the
relationship between the shipper and the
beneficiary, which is ba sed on ano ther
contract, which are not opposable to the
carrier, and thus the existence of two stand-
alone contracts with its own effects.
Carriage of goods is determined by the
sale of a buyer from a nother locality or the
rental of equipment for use in another
locality than the one in which they are
located. The use of purchased or leased
goods may take place only by transporting
them from the place where they are to be
used. The conclusion of the contract of
carriage is determined by the prior
conclusion of the sale-purchase, rental
contracts without losing its autonomy
through this connection. Thus, in practice,
the transport contract, b eing autonomous, is
concluded and executed independently o f
any existing conventions between the
shipper or the consignee and third parties. In
PhD Candidate, Bucharest University of Economic Studies, Lawyer in Dolj Bar Association, (e-mail:
adyelenabelu@yahoo.com).
the same sense, the problem can be raised
and vice versa, ie the provisions of the
transport contract can not be opposed to the
parties to the contract that preceded it. Thus,
in a transport contract, if the jurisdiction of
the Court of Arbitration in London, in which
the jurisdiction of the International
Commercial Arbitration Court in Bucharest
was established in the event of litigation,
was settled in case of litigation between
sellers and buyers.
The transport contract is a legal
institution with specific characters, which
distinguishes it from all other contracts with
economic or civil law content or which have
as object the provision of services.
Represents in legal terms the realization o f
economic relations of a special nature, such
as the displacement of the object of
transport, which gives it its own juridical
figure with distinct characters. Being entered
into between economic agents with regard to
the performance of certain services, in order
to carry out its tasks, the transport contracts
are economic service contracts and are of a
special nature.

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