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In 1956 there was a significant step in international road freight transport – conclusion of Convention on the contract of carriage in international road freight transport (CMR Convention), the basic purpose of which was to unify the rules in the international transport of goods and thus promote the development of international trade. From a practical point of view, this was very important for both carriers and transporters. The Convention describes the most important document in the carriage of goods – the CMR consignment note.Recently, the term «neutralization» has been used in connection with the CMR consignment note, which is considered as an interference with the system of functioning of transport documents, which aims to obscure the actual movement of the consignment during transport. At the same time, neutralization of the consignment note is not so much contrary to legal norms as it can lead to undesirable consequences for carriers. For this reason, the question of whether it is possible to neutralize the CMR consignment note in accordance with the current rules and whether the neutralization of the CMR consignment note does not violate the functionality of the existing system is relevant. Therefore, the objective of this work is to study the reasons and methods for neutralizing CMR consignment notes, as well as options for handling neutralized consignment notes.Considering that neutralization of the consignment note has become a relatively common practice and means the exchange of original consignment notes or transport documents with other consignment notes or transport documents, canceling the actions of the first consignment note, in the article the authors, based on their own research, identified the possibilities of using the neutralization of the CMR consignment note in practice for certain types of goods, routes of the most frequent use, as well as the risks of these procedures in road transport.

Due to the fact that road freight transport of goods predominates within Europe, the most frequently used transport document is the international consignment note CMR. Its application follows from the Convention on the Contract for the International Carriage of Goods by Road (CMR). The CMR consignment note serves as proof of the conclusion of the contract of carriage and its use is subject to the condition that the place of departure and the place of delivery of the consignment must be in two different States and at least one of which must be a Contracting State to the CMR Convention. In recent years, a process known as the neutralization of transport documents, which is directly linked to the CMR consignment note, has been used in the transport sector. This is an intervention in the system of functioning of transport documents, in order to obscure the actual movement of the consignment during transport. The aim of the paper is to present the risks to the parties involved in the transport and to verify whether the transition from the paper form of the CMR consignment note to the electronic form can affect the rate of use of neutralization of the consignment note, ie its prevention.

Nowadays, carriers are quite often faced with the requirement of customers to neutralize the CMR consignment note. Neutralization of transport documents is not a scientific term, it is nowhere defined. In transport, neutralization means the exchange of original consignment notes or transport documents with other consignment notes or transport documents. It is therefore the annulment of the effect of the first consignment note. Based on an analysis of commercial law in road transport, this is an act of a carrier that is not regulated by the CMR Convention. Therefore, the aim of this paper is to identify, through our own research, the extent of neutralization of CMR consignment notes, the method of neutralization and the options for handling a neutralized CMR consignment notes. Based on this research, the authors will further deal with the risks associated with the neutralization of the CMR consignment note.

The regulatory approach of international conventions on the transport of goods regarding some important issues in the field of electronic transport documents, such as the legal recognition of electronic transport documents, their functions and legal force makes the subject of analysis in this paper. The overall reach and limitations of the relevant convention rules are also included in the analysis. Conventions in the field of transport of goods, neither conceptually nor in terms of important issues, do not approach the problem of legal regulation of electronic transport documents in the same manner. While some conventions try to approach this problem systematically, in some branches of transport, the conventions are still applicable which, with their content, only implicitly enable the use of electronic transport documents. Regarding the completeness of the regulation of this matter, the Rotterdam Rules and the Additional Protocol to the CMR Convention stand out, but they differ in terms of the adequacy of regulation and final reach. The Rotterdam Rules, despite a very ambitious approach, have failed to adequately resolve the most challenging issue of this entire matter, which is the effective accomplishing of the subject matter-legal functions of a portable electronic record, which greatly reduced its ultimate reach. On the other hand, the Additional Protocol established a completely satisfactory legal foundations for the application of electronic transport documents in road transport.

In 1956, there was an important step in international road freight transport. The CMR Convention, the main purpose of which was to unify the rules for the international transport of goods and thereby promote the development of international trade, was concluded. From a practical point of view, this is of great importance to both carriers and transporters. Similarly, this Convention describes the most important document for the carriage of goods and that is the consignment note CMR. In recent times, the term neutralization has been used in conjunction with this document in transport. We want to clarify the importance of this word in transport. The aim is also to find out to what extent carriers have real experience with CMR neutralization and when transporting what kind of goods the most frequent neutralization of documents is used. The purpose of this contribution is to explain what the term neutralization in transport means, because there is no legal regulation or norm to define it. This term is used mainly in chemistry. Furthermore, we would like to verify the hypothesis that the neutralization of consignment note CMR is actually used in international road freight transport and whether neutralization is only used for a particular type of goods, such as electronics. To verify the hypotheses we conducted a survey at the carriers.

The Convention on the Contract of Carriage in International Road Freight Transport regulates the rules in the international road transport of goods and thus also the promotion and development of international trade. The CMR Convention is of great importance for carriers, since it simplifies their work by uniformly modifying the accompanying documentation and establishing the liability of the carrier. Part of the CMR Convention is a consignment note, which is the most important document in transport. Neutralization of the consignment note has become a relatively common practice. Neutralization of the consignment note is not as contrary to legal standards as it may cause undesirable consequences for carriers. The purpose of this paper is to determine whether the neutralization of a transport document may cause problems for carriers in respect of liability insurance.

Artykuł stanowi analizę relacji zachodzącej pomiędzy jednolitym prawem międzynarodowego przewozu drogowego towarów, czyli konwencją CMR, a unijnym prawem prywatnym międzynarodowym, tj. rozporządzeniami Bruksela I bis i Rzym I. Z analizy tej wynika, iż relacje te nie są jednoznacznie nakreślone. Normy jurysdykcyjne konwencji CMR same w sobie budzą już pewne wątpliwości, przy czym ich pierwszeństwo przed normami jurysdykcyjnymi rozporządzenia Bruksela I bis wprost wynika z postanowień tego ostatniego. Normy dotyczące uznawania i wykonywania zagranicznych orzeczeń w konwencji CMR wydają się mieć charakter szczątkowy, co uzasadnia potrzebę stosowania zasad przewidzianych w rozporządzeniu Bruksela I bis. W każdym jednak przypadku TSUE stawia wymóg zgodności konwencji CMR z zasadami unijnej współpracy sądowej w sprawach cywilnych i handlowych. Powyższe pozwala przypuszczać, iż czekają nas kolejne sprawy, w których TSUE będzie interpretował postanowienia konwencji CMR. Z kolei rozporządzenie Rzym I znajduje zastosowanie w sytuacji, gdy jakieś zagadnienie znajduje się poza zakresem zastosowania konwencji CMR czy też konwencja ta zawiera luki, które wymagają wypełnienia poprzez odwołanie się do prawa krajowego jakiegoś państwa. Sytuacje te nie są jednoznacznie zidentyfikowane. Należy też opowiedzieć się za zastosowaniem rozporządzenia Rzym I do przypadków, gdy konwencja CMR odwołuje się do prawa obowiązującego w miejscu prowadzenia sprawy sądowej (na przykład odnośnie do pojęcia „niedbalstwo” w rozumieniu konwencji CMR). Powyższe pozwoliłoby na pogłębienie efektu unifikacyjnego konwencji CMR. The article analyses the relations between uniform international law on carriage of goods by road, namely CMR Convention and European private international law - Brussels I bis and Rome I Regulations. The analysis reveals that this relation is not clear. Jurisdictional rules of the CMR Convention give rise to doubts, however their primacy over rules of Brussels I bis Regulation is stated clearly in this regulation. Rules on recognition and enforcement of the CMR Convention are incomplete, which justifies the application of such rules of the Brussels I bis Regulation. In each case CJEU requires that CMR Convention does not impede the rules underlying judicial cooperation in civil matters in the EU. This allows to believe that CJEU will continue to interpret rules of the CMR Convention. Rome I Regulation finds its place in case a certain question is not within the scope of CMR Convention or constitutes a gap which requires recourse to domestic law of a given state. Such situations are not unequivocally identified. Rome I Regulation should also apply in cases where CMR Convention provides for the application of the "law where the court sits". This would strengthen the unifi cation purpose of the Convention.

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...

In a law and economics perspective the liability regime in the CMR Convention can be viewed as an economic balance between the carrier and the cargo owner and who should bear the risk for the goods ...

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...

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...

Due to the recent economic growth, manufacturing is expanding vastly, trades are broadening worldwide, and therefore, over the years the cargo transportation demand has been growing tremendously. Physical distribution and materials management have been replaced by the logistics management. Especially road transport mode is particularly popular for its accessibility and flexibility in Europe (Grant, 2014) and naturally, various documentation for transporting of goods is required. As a vast majority of European Union countries are using CMR convention, the CMR documentation is considered to be the best decision to avoid confusion, as road transport operators carrying goods for reward on international road haulage journeys must comply with the Convention on the Contract for the International Carriage of Goods by Road (CMR). Considering the CMR consignment note to be recognised by all enforcement officers of the countries’ parties to the CMR Treaty, it is important to analyse and present the advantages, limitations, benefits of CMR and compare it with other international freight documentation, focusing the research mainly on the haulage by the road transport mode.

One of the great realizations of CMR lies in the fact that it provides uniform rules for contracts for carriage of goods by road. This doesn't mean however that the Convention unified the entire field of road transport logistics, as the scope of application of CMR is restricted by 10 conditions. Despite the great importance of the demarcation of the scope of application, the Convention doesn't provide any guidance as to the interpretation of these conditions. Albeit VCLT requires a treaty autonomous interpretation of the Convention, with this, the Convention gives a wide discretionary margin to individual judges. As a result, judges tend to take into account national law rules to decide upon the applicability and even turn to desirability arguments. With ongoing evolutions in logistics this discretionary margin can even further increase. Literature on VCLT permits an evolutionary evolution of Conventions, in so far the Convention itself implicitly or explicitly permits such interpretation. VCLT itself doesn't give any guidelines of such evolutionary interpretation. With this, individual judges first need to decide whether the Convention was intended to allow for an evolutionary interpretation and later they need to decide what such interpretation would mean for the applicability of the Convention. Unless a new mechanism to safeguard the uniform interpretation of article 1 can be developed, the uniformity brought by CMR is thus at risk to disappear in the future due to the absence of a uniform determination of the scope of application in national case law.

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...

El presente trabajo tiene como objeto el análisis y la valoración crítica de la evolución de la normativa aplicable a las operaciones conexas de carga y descarga de las mercancías en el sector del transporte por carretera. En particular, se estudia el régimen normativo aplicable a las operaciones de carga y descarga como actividades complementarias del contrato de transporte por carretera, y la posibilidad de articular mediante contrato autónomo y diferenciado dichas operaciones. Finalmente, se valorará en qué medida la desarmonización existente en este particular sector del comercio internacional incrementa la inseguridad jurídica afectando con ello a la actividad diaria del operador empresarial. The aim of this report is the analysis and critical appraisal of the development of the applicable law system in the loading and unloading operations in the road transport sector. Particularly, it is studied the regulation of the loading and unloading of goods as complementary activities of road transport and the possibility of articulate them by an autonomous contract which makes it a differentiation from the rest of operations. Finally, it will be done an assessment of the existing disharmony in this sector of international trade and how it increases the legal uncertainty affecting the activity of the sector operator. Enpresen Administrazio eta Zuzendaritzan Graduatua / Zuzenbide Gradua Nafarroako Unibertsitate Publikoan Graduado o Graduada en Administración y Dirección de Empresas / Graduado o Graduada en Derecho por la Universidad Pública de Navarra

On 19 and 20 May 2016, an international Symposium was organised by the Institut du droit international des transports (IDIT) and the Universite of Rouen Normandie in Rouen, to celebrate the 60th anniversary of the adoption of the Convention on the Contract for the International Carriage of Goods by Road (CMR). The Symposium was entitled : "60eme anniversaire de la Convention CMR (Convention internationale relative au contrat de transport international routier de marchandises du 19 mai 1956): Application par les Etats-parties : quelles divergences ? - Perspectives de droit compare". Cecile Legros and Frederic Letacq directed the collection and supervision of the proceedings.

CMR konvencijā pārvadātāju atbildība par pilnīgu vai daļēju kravas zaudējumu ir ierobežota. Tomēr 29. pantā ir ietverts izņēmums, kad pārvadātāja atbildība netiek ierobežota. 29. panta redakcija pieļauj ļoti atšķirīgu izpratni attiecībā uz to, kādos gadījumos pārvadātājs ir jāatbrīvo no atbildības. Darba mērķis ir padziļināti izpētīt ļaunprātīgas un tai pielīdzināmas rīcības jēdziena saturu, salīdzinot jēdziena izpratni Rietumeiropas valstīs un Latvijā. Darba ietvaros autors veiks konvencijas 29. panta teleoloģiskā un vēsturisko interpretāciju, kā arī aplūkos un analizēs valstu tiesu praksi 29. panta piemērošanā. Darba rezultāts ir izstrādāts pētījums, kurā ir uzskatāmi salīdzināta valstu izpratne par ļaunprātīgas un tai pielīdzināmas rīcības jēdzienu, kas var noderēt, izvēloties izdevīgāko valsti pārvadājuma strīda risināšanai., The CMR convention limits the liability of carriers for full or partial loss of the cargo. However article 29. includes an exception, under which the carrier is excluded from liability limitations. Article 29. allows broad interpretation in regard to conditions of excluding the carrier from the liability limitation. The goal this work is to research the meaning of wilful misconduct and equivalent default by comparing the meaning of the term in Western Europe countries and Latvia. The author shall interpret the article 29. through teleological and historical interpretation methods and analyse the case-law of article 29. The result of the thesis is a research in which the understanding of the wilful misconduct and equal defaults is demonstrated, and can be used to choose a favourable jurisdiction for a carriage dispute.

CMR Konvencija – Primjena članka 2. CMR – Haška pravila – Uvjeti predviđeni zakonom – Požar na Ro-Ro brodu – Uzrok štete koji može nastupiti isključivo u pomorskom prijevozu – Mjerodavno pravo – Mjerodavna pravila – Izuzeće od odgovornosti zbog požara, CMR Convention – Application of Article 2 CMR – Hague Rules – Conditions Prescribed by Law – Fire on Ro-Ro Vessel – Cause of Damage Inherent to Carriage by Sea – Applicable Law – Applicable Rules – Fire Exemption from Liability

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.

It is an evitable result of the growth in international trade, developments in port and ship design, the use of containerized transport, and the use of information technology to facilitate the swift movement of goods from the factory to the sales outlet. In Europe particularly, the removal of border restrictions and initiatives such as the Channel Tunnel have further stimulated the trend towards multi-modal transport. However, this burgeoning development has happened somewhat in spite of the various laws and conventions covering the transport of goods, rather than in harmony with them. One problem is the number of different international conventions which apply, road transport the CMR Convention.

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.

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.

There can occur to loss or damage of parcel during the road parcel transport. Consequently negotiations begin between carrier and consignor about the compensation for damage. Object of this essey is to set up methodical explanation of process of determination of liability for parcel damage, amount of compensation, obligations of both sides during occurence of loss and exculpatory reasons for carrier. Second part of essey is focused on insurance methods available for parcel transport. Essey covers both domestic (czech) and international transport.

A damage within road parcel transport bears the responsibility to be solved and compensated. The goal of this Bachelor essay is to analyse the importance of the right determination of the liability for parcel damage and to set up an appropriate solution of risk elimination by the selection of the best insurance.

The aim of the article is to present the problem of potential conflicts between a new Convention of Contracts for the International Carrying of Goods Wholly or Partly by Sea ( ? the Rotterdam Rules ? ) and the binding unimodal transport conventions. The Rotterdam Rules are called ? a maritime plus convention ? because they break with unimodal tradition and include ? carriage by other modes of transport in addition to sea carriage ? . The idea in the new Convention is that it shall apply door-to-door, regardless of the mode of transportation, as long as an international sea leg is involved. This broad scope of application of Rotterdam Rules carries a risk of conflicts with unimodal transport conventions which regulate carriage by air, road carriage, carriage by rail and carriage by inland water. The new convention includes some conflict rules, but in the author ? s opinion they are not sufficient. The main problem is that the Rotterdam Rules are based on the notion that in general unimodal conventions ? except those which concern air carriage ? cannot be applied to any part of multimodal transport autonomously. It means that, for example, according to the designers of the Rotterdam Rules, the Convention on the Contract for the International Carriage of Goods by Road does not apply when a carrier undertakes to carry goods by road in a vehicle and some other means of carriage. However, this concept is not unanimously accepted in Europe and an opposite view has at least as much support. The author is of the opinion that those potential conflicts between the Rotterdam Rules and unimodal conventions may discourage some countries from ratifying the new Convention. Normal 0 21 false false false PL X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:Standardowy; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; text-align:justify; line-height:150%; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman","serif";}