Summary
Beknopte samenvatting Transport law
- Course
- Institution
Dit is een beknopte samenvatting/overzicht van het vak Transport Law. Het is in het Engels geschreven.
[Show more]
Seller
Follow
Vector
Reviews received
Content preview
TRANSPORT LAWTransport problem:
1. Does it concern international transport? (necessary for conventions to apply)
Convention applicable when international transport is …
CMR to or from member state of the convention
CMNI to or from member state of the convention
COTIF CIM between member states of the convention
Montreal between member states of the convention
HV accompanied by (straight) B/L
-‐ Ratione loci (is the B/L issued by a
contracting state?)
B/L issued in contracting state
OR
carriage from port in contracting state
OR
B/L says it is applicable to the contract
2. Is there a valid contract?
Hierarchy in contract law:
i. Mandatory law (e.g. conventions)
But might not cover everything
ii. National law (when conventions do not apply)
iii. Express terms in contract (need to be valid according to mandatory law)
(e.g. Insurance contract, INCOTERMS)
iv. General conditions / sector conditions
v. Default law
3. Qualification as a carrier / freight forwarder
National law:
o Look a performance:
Was the contract performed by the party himself or not?
Was the contract performed by sub carrier?
o Look at obligations: wordings of the contract, information on the contract, billing, logo,
website can provide obligations (things you do for your client) and hint about being a carrier
or freight forwarder.
DE: you are a carrier if
o You charge a lumpsum
o You perform the carriage yourself
o You are a consolidator (not in BE)
Freight forwarder Carrier
-‐ If liable, unlimited -‐ Limited liable
-‐ Fault based liability: -‐ Presumed liability, unless proven he is
proof: not
• There is damage
• The reason of damage
• Causal link
-‐ NO Mandatory law -‐ Mandatory law
-‐ NOT liable for performing carrier -‐ Liable for (sub) carrier(s)
à unlimited liability in case of willful
misconduct
1
,
4. Identify contract complexity and applicable law
Complex contract (multimodal, 3PL)
OPTION 1: If Convention mentions multimodal transport, apply convention
è Plusmode
COTIF CIM ART 1§3 COTIF CIM
PLUSMODE
COTIF CIM also applies on national stretches of
transport performed by road / IWT.
ART 1§4 COTIF CIM
Sea or IWT on registered lines falls under COTIF CIM
CMR ART 2§1 CMR
PLUSMODE
RO -‐ RO transport: CMR applicable BUT liability
rules other mode of transport in case of fault by
road carrier
Montréal ART 18§4
PLUSMODE
Airport plusmode: every damage that takes place
within the airport falls under Montréal.
+
Plus presumption mode: If damage arrises following
or prior (ancillary transport) the, it is assumed
damage happened during the air stage so Montréal
is applicable.
ART 38 (multimodal transport)
Montréal is not applicable to carriage by other
means of transport OUTSIDE the airport. (exception
of ART 18.4)
So it does INSIDE the airport.
CMNI NO PLUSMODE
HV NO PLUSMODE, no mentioning of multimodal
transport
E.g. if damage happens during the air stage of transport: apply Montréal (because it says that it applies
to the air stage). If it is not known where the damage happened, it is assumed that it did during the air
stage, so apply Montréal.
OPTION 2: If Convention does not mention not mention multimodal transport, apply national law
è Multimodal theories
SUI GENERIS THEORY A + B = C court forms an own
(washing machine theory) conclusion. No convention
DE & NL applies.
ABSORPTION THEORY A + B = A apply convention of the
longest stage.
NETWORK THEORY A + B = A + B apply convention to
corresponding transport
BE & UK & FR mode.
2
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Vector. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.02. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
79202 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now