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

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.