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Liability of carrier in international carriage of goods with respect to road carriage
Pravda, Jan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Liability of the carrier in international carriage of goods with respect to road carriage Abstract The content of this thesis is carrier's liability in international carriage of goods focused on carriage of goods by road, which is one of the crucial branches of carriage for landlocked states. The introducing part explains basic terms which are common in international carriage, defines subjects participating in the carriage and its possible plurality. Moreover, the thesis presents individual types of carriage and a specific chapter is dedicated to cabotage. The second part of the thesis describes both international and national legislation of carriage contract. This part includes the relation between these two from the private international law point of view. Different types of contracts are also mentioned as another possibility of carriage. Common interpretation is enclosed in the third part with issues of liability from legal doctrine perspective. This part also analyses particular presumptions in generating of liability and differences among strict liability and liability for fault. The liability of the carrier as a main point of this thesis is expanded in the adjacent passage. Fundamental types of carrier's liability for loss or damage of goods as well as for any delay in delivery are found in the fourth...
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The contract for the international carriage of goods by road
Krofta, Filip ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
This rigorous thesis titled Contract of Carriage in the International Carriage of Goods by Road deals with the legislation in respect of a contract of carriage in the international carriage of goods by road. This involves general interpretation of the system of rules in the international private law, of the difference between a contract of carriage and a forwarding contract, and detailed interpretation of the legal sources of a contract of carriage in the international carriage of goods by road, especially of the CMR Convention. The main objective of the rigorous thesis is to describe and analyze rights and obligations of the participants to the contract of carriage in the international carriage of goods by road, including the recipient, not a party to the contract of carriage. The thesis further provides the interpretation of the breach of obligations under the contract of carriage and of liability on the part of the carrier, and/or the sender, as a result of breaching the duties under the contract of carriage. The rigorous thesis also presents the obligation to pay damages on the part of an international road carrier, proviso and complaints under the CMR, special statute of limitation under the CMR, and resolutions of disputes in relation to a contract of carriage in the international carriage by...
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The liability of the carrier in road carriage of goods
Glazunov, Pavel ; Černá, Stanislava (advisor) ; Marek, Karel (referee) ; Patěk, Daniel (referee)
The liability of the carrier in road carriage of goods Abstract This dissertation deals with contractual relations and liabilities between parties of carriage and freight forwarding contracts in domestic and international road carriage of goods.The work offers detailed analysis of current legislation (up to 31. 12. 2018) and examines judicial and doctrinal outcomes in national and international - namely German, Austrian and Slovakian - context. The first part answers selected questions of freight forwarding contracts as set forth in the civil code. A special focus is given to freight forwarder's liability for loss and damage of forwarded goods, and other damages caused by a breach of contract. The work also looks at the change of legal and liability status of the freight forwarder enabled by their right to act as a carrier or failing to meet their obligations toward the principal. In offering a comparison between freight forwarding and carriage contracts, this work stresses the common practice of mixing up their obligations, answering questions of legal interpretation and offering a framework for practical application of the contracts. The work further offers a thorough analysis of transport regulation as set forth in the civil code as well as the CMR Convention. It focuses specifically on receiving and...
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The legal regulation on the carriage of goods
Slušný, Vladimír ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The present thesis deals with the legal regulation on the carriage of goods. This issue occupies an important role in everyday economic reality. Legal regulation in this field is highly stratified among legal regulations concerning private law, international agreements and partly among legal regulations concerning public law. This thesis mainly covers the regulation contained in the Czech Civil Code and in international conventions. In addition to the introduction and conclusion, this thesis is divided into five chapters, which are further divided, with the exception of the first chapter, into subchapters. The first chapter, which focuses on historical development and mainly on Roman law, is followed by chapters dealing with particular types of contracts which can be the legal cause for the carriage of goods. These include the following: contract for the carriage of goods, forwarding contract and contract for the operation of a means of transport. Firstly, these contracts are characterized and then the elements of such contracts are described, as well as the duties and rights of the contracting parties and questions regarding compensation for damage. The thesis also points out the interpretative problems that occur in the regulation of these contracts. The differences between these types of...
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Liability of carrier in international carriage of goods with respect to road carriage
Pravda, Jan ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Liability of the carrier in international carriage of goods with respect to road carriage Abstract The content of this thesis is carrier's liability in international carriage of goods focused on carriage of goods by road, which is one of the crucial branches of carriage for landlocked states. The introducing part explains basic terms which are common in international carriage, defines subjects participating in the carriage and its possible plurality. Moreover, the thesis presents individual types of carriage and a specific chapter is dedicated to cabotage. The second part of the thesis describes both international and national legislation of carriage contract. This part includes the relation between these two from the private international law point of view. Different types of contracts are also mentioned as another possibility of carriage. Common interpretation is enclosed in the third part with issues of liability from legal doctrine perspective. This part also analyses particular presumptions in generating of liability and differences among strict liability and liability for fault. The liability of the carrier as a main point of this thesis is expanded in the adjacent passage. Fundamental types of carrier's liability for loss or damage of goods as well as for any delay in delivery are found in the fourth...
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The contract for the international carriage of goods by road
Krofta, Filip ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
This rigorous thesis titled Contract of Carriage in the International Carriage of Goods by Road deals with the legislation in respect of a contract of carriage in the international carriage of goods by road. This involves general interpretation of the system of rules in the international private law, of the difference between a contract of carriage and a forwarding contract, and detailed interpretation of the legal sources of a contract of carriage in the international carriage of goods by road, especially of the CMR Convention. The main objective of the rigorous thesis is to describe and analyze rights and obligations of the participants to the contract of carriage in the international carriage of goods by road, including the recipient, not a party to the contract of carriage. The thesis further provides the interpretation of the breach of obligations under the contract of carriage and of liability on the part of the carrier, and/or the sender, as a result of breaching the duties under the contract of carriage. The rigorous thesis also presents the obligation to pay damages on the part of an international road carrier, proviso and complaints under the CMR, special statute of limitation under the CMR, and resolutions of disputes in relation to a contract of carriage in the international carriage by...
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Transport of electrical appliances from Turkey to the Czech Republic
Dudinská, Lenka ; Novák, Radek (advisor) ; Rathouský, Bedřich (referee)
This thesis deals with problems of transportation of goods from Turkey to the Czech Republic. The goal of this thesis is to provide a comprehensive overview of geo-political, legal and economic knowledge, which could serve as a guide for small transportation companies. The overview is divided into three parts. The first part deals with multilateral agreements governing international road transport with emphasis on the CMR Convention. The second part is devoted to customs issues, in particular transit procedure. The third part deals with transport from the economic point of view. In this part, two transportation routes are proposed, which are then analysed considering time, safety and cost.
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The Role of Waybill CMR in Transportation Services
Vacek, Tomáš ; Novák, Radek (advisor) ; Šašek, Jaroslav (referee)
The first part of this thesis is devoted to the General Convention of CMR, CMR consignment note, obligatory data which are necessary to write in and to the parties acting on the transport market. The second part will focus on the carrier's liability as same as liability of other parties, insurance carrier's liability for loss, damage or destruction of the consignment, lapse, complaint and insurance. This issue will be demonstrated and will discuss with the court decisions. The next section will be described and analyzed electronic CMR. This section tries to evaluate the positives and negatives of its use in practice and its future. In particular, this part will be engaged in research which has implemented among members by the International Road Transport Union.
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Various problems of running an international haulage
Kadavá, Eva ; Novák, Radek (advisor) ; Kuncová, Jana (referee)
Transport sector as a whole records growing trend, whereas road transport has recorded the biggest growth of transported goods. An increase in international trade brings more opportunities for firms involved in the haulage industry. The aim of this thesis is to show the basic requirements in order to set up the haulage and forwarding business. I will mention various factors, that influence the transport market. In other chapters I will analyze laws and treaties, which every haulage company has to adhere to. The last chapter is devoted to problems of financing truck fleet. In the end there is a summary of ways on how to tackle and reduce non-payment by clients.
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Law of international land transportation
Pálková, Alena ; Švarc, Zbyněk (advisor) ; Kotoučová, Jiřina (referee)
The aim of this work is to summarize and systematically describe the overall conditions of the international ground freight services. In the introduction there is a brief characteristic of the current situation at the area of international trade with respect to the international freight services. In the second part there are mentioned and briefly described the related multilateral contracts (Convention on International Transport of Goods Under Cover of TIR Carnets, European Agreement concerning the International Carriage of Dangerous Goods by Road ADR, Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for such Carriage ATP and European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport AETR). The main accent is put on the Convention on the Contract for the International Carriage of Goods by Road (CMR), which was negotiated by the contracting parties in Geneva, 19 May 1956 and which is the most important and comprehensive document in this branch of law. There is also mentioned the national law as a supportive source of law to be used for cases which are not covered by the CMR Convention as well as the Incoterms rules which are standard trade definitions most commonly used in international sales contracts. The third part analyzes the regulations with respect to the Czech Republic. It gives more details about the CMR Convention and its regulation of rights and liabilities of the contracting parties of the contract for the international carriage of goods by road and regulation of related documents. There are mentioned articles and provision of "Zákon o mezinárodním právu soukromém a procesním and Obchodní zákoník", which are applicable in the area of international carriage of goods and there is also referred to how the Incoterms influence logistics. The fourth part briefly describes other contract known by the Czech law and compares them with each other. There is also mentioned the current situation on the field of logistics and usage of individual contracts among the carriers and related contracting parties. The fifth part gives a brief overview of logistics from the international trade perspective. In conclusion there is a recapitulation of the above mentioned sources of law for the logistic area and it is stressed out, how important it is for the contracting parties of the contract for the international carriage of goods by road, mainly for the carrier, to be familiar with the regulations and to take account of them when negotiating the contract and choosing and training his employees.
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