|
|
Liability of the carrier in international carriage of goods
Melkus, Robert ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
It is expected that the massive expansion of carriage of goods that went on in past couple of decades will soon resume after the worldwide recession. Due to its flexibility, speed, ability to deliver "door to door", low price and other positive qualities the most popular type of carriage is carriage of goods by road, which is also the type of carriage of goods that this thesis is mainly focused on. The goal of the thesis is to describe and explain legal aspects of international carriage of goods by road with a special focus on the liability of the carrier. The most important legal regulation that governs the area of international carriage of goods by road is the Convention on the Contract for the International Carriage of Goods by Road (hereinafter the CMR Convention) that has been signed on May 19, 1956. It is an exceptional piece of legislation, which is in effect for more then fifty years with only two minor changes since its adoption.
|
|
|
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...
|
|
|
Liability of the carrier in international carriage of goods in comparison
Pravda, Jan ; Pauknerová, Monika (advisor) ; Bříza, Petr (referee)
1 Liability of the carrier in international carriage of goods in comparison Abstract The rigorosum thesis deals with the analysis of the legal regulation of the carrier's liability in the international carriage of goods, all that across every key type of international carriage, while these rules are being continuously compared with one another in the text of this rigorosum thesis. The thesis tries to point out the differences in the regulation connected to similar legal institutes within two or more types of carriage. The introducing part of the rigorosum thesis includes the interpretation of basic terms which are commonly found in international carriage, defines its subjects and their possible plurality. Furthermore, the thesis then explains the necessary definition of individual types of carriage, i.e. regimes in which international carriage can be performed. The role of freight forwarders in international trade and carriage is highlighted as well. It is also important not to omit the basic types of contracts that may be entered into by the subjects in international carriage, as well as their mutual comparison within the framework of the national (i.e. Czech) regulation, in terms, among others, of the carrier's liability regime. Last but not least, this part also focuses on the characteristics of the...
|
|
|
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...
|
|
|
Carrier's Liability in International Carriage of Goods
Hovorka, Martin ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
1 Abstract The diploma thesis is focused on the issue of the carrier's liability in the international carriage of goods. The topic is narrowed to the carriage by sea, being the most significant mode of carriage as regards the volume of carried goods; its international regulation is disunited and full of specifics justifying the need for a deeper analysis. Relevance of the topic consists in gradual establishment of new trends of transport, technological development and particularly in the continuing need for unification of the legal regulation. The objective of the thesis is to introduce and analyze the respective rules, to compare the rules with each other and to evaluate them. The first chapter is dedicated to a theoretical introduction containing a definition of the liability and providing basic information about transport, carriage and subjects and division thereof. Regulation of carriage according to the Czech law is comprised in this chapter as well. The second chapter is aimed at the carriage by sea in a broader context. This chapter deals with characteristics of this mode of carriage, especially as for division thereof, types of transport documents and typical subjects. Further, the basics of the Czech, European and international regulation of the carriage by sea are outlined. The third chapter is...
|
|
|
Carrier's Liability in International Carriage of Goods
Dvořáková, Adriana ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
The purpose of this thesis is to offer an overview of current legislative situation in international carriage of goods. Special attention is dedicated to carrier's liability in international transport of goods. In a global world, it is vital to keep balance between the rights and duties of both the carrier and the shipper. Otherwise, international trade would become next to impossible to perform. Therefore, dealing with the topic of carrier's liability might clarify certain aspects and possibly bring benefits to both contracting parties. This thesis consists of nine chapters. The three initial chapters present private international law and its methods. Next, the question of liability is briefly introduced. Finally, basic terms such as the carrier and the shipper are defined. In one of its subdivisions, the third chapter also mentions national regulations relevant to the topic discussed. On the contrary, the thesis as a whole addresses rules contained in international treaties. The following chapters are targeted on individual modes of transport, in order of appearance: carriage by rail, carriage by road, carriage by air, carriage by sea, carriage by inland waterways. However, not all of them are granted equal attention. The chapters covering carriage by road and by sea are essential. The reason for...
|
|
|
Liability of the carrier in international carriage of goods
Melkus, Robert ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
It is expected that the massive expansion of carriage of goods that went on in past couple of decades will soon resume after the worldwide recession. Due to its flexibility, speed, ability to deliver "door to door", low price and other positive qualities the most popular type of carriage is carriage of goods by road, which is also the type of carriage of goods that this thesis is mainly focused on. The goal of the thesis is to describe and explain legal aspects of international carriage of goods by road with a special focus on the liability of the carrier. The most important legal regulation that governs the area of international carriage of goods by road is the Convention on the Contract for the International Carriage of Goods by Road (hereinafter the CMR Convention) that has been signed on May 19, 1956. It is an exceptional piece of legislation, which is in effect for more then fifty years with only two minor changes since its adoption.
|
guest ::
