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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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Current Issues of the Carrier's Liability for Breach of Contract of the Carriage of Goods by Sea
Lamková, Lenka
in English The transport sector represents about 7% of European GDP. It should be also noted that European companies own 41% of the total world fleet capacity. As it can be seen, transport itself is an important industry and a major contributor to the functioning of not only the European economy but also the international economy. The maritime transport covers 80% of all trade exchange and has become the major transport sector in international business. The Hague, Hague-Visby (together so called Hague-Visby rules) and Hamburg Rules have become the main reason for lack of uniformity in the field of the carriage of goods by sea with their different texts and legislative styles. These three sources of law are actually in force in different countries. As the maritime transport is mainly international, this heterogeneity causes problems in practice. This thesis analyses the maritime carrier's liability for loss of or damage to goods under convention based regimes. The Czech Republic has ratified the United Nations Convention on the Carriage of Goods by Sea signed on 30 March 1978 in Hamburg (called Hamburg rules). The French Republic has ratified the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading which was drafted in Brussels in 1924 (called Hague- Visby...
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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...
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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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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...
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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...
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Selected legal issues of international passenger transport
Vosátková, Karolina ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Selected legal issues of international passenger transport The topic of the diploma thesis is 'selected legal issues of international passenger transport'. The aim of the thesis is to analyse the issues of substantive law related to the liability of carriers and rights of passengers in the international rail, road and air transport. The thesis focuses on applicable legislation of liability of carriers and rights of passengers, but also deals with the legislation proposed pro futuro. The diploma thesis is divided into seven chapters, further divided into subchapters. In the introduction the thesis defines the term 'international passenger transport' and summarises its key legal sources. Further, it addresses the conflict of law rules applicable to the contract on international passenger transport. The core of the thesis is in the following chapters that deal with the direct substantive rules governing the liability of carriers and rights of passengers in individual types of transport, which are contained especially in multilateral international conventions and secondary legislation of the European Union. The conclusion of the thesis summarises and assesses the analysed legal issues in the researched legislation. The first, opening chapter contains the introduction to the topic of legislation related...
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Road carrier's liability for parcel damage
Petr, Tomáš ; Švarc, Zbyněk (advisor) ; Štěpánek, Petr (referee)
This Bachelor 's thesis analyses the road carrier's liability for parcel damage. The purpose of this Bachelor 's thesis is to offer an overview of current legislative situation in domestic and international carriage of goods. Special attention is dedicated to carrier 's liability in domestic and international transport of goods. It 's very important to keep balance between the rights and duties of both the carrier and the shipper. In fact this Bachelor 's thesis consists of 6 chapters. The starting point of this thesis is to introduce the importance of carriage of goods by road and describe basic terms such as the carrier and the shipper or international and domestic carriage of goods. Next chapter presents the applicable sets of rules, which can govern the contract of carriage in transport and names sources of law used in the field of carriage of goods. The fourth chapter describes types of contracts that can be used for domestic and international carriage. The fifth chapter describes road carrier's liability for parcel damage, loss and other damages and mentions the possibilities of compensation methods, the content of compensation and damages. The conclusion can be found in the sixth chapter. I summarize here the main aspects of the domestic and international carriage of goods.
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The Role and Ensuring of Maritime Transport in International Trade
Theodosisová, Pavla ; Sato, Alexej (advisor) ; Švábková, Eva (referee)
The first part focuses on advantages and disadvantages conected with shipping goods by maritime transport in comparison with other transport sectors. The second part divides sea transport firstly from a commercial perspective on liner and tramp shipping, and then by type of boats. The third part describes the development and interconnectedness of international trade and maritime transport, its commodity and territorial structure. The fourth part deals with the possibility of contractual ensuring of maritime transport, liability of the carrier and conventions which govern this liability. This section also mentions the role of insurance.
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