Summary
Beknopte samenvatting Transport law
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Dit is een beknopte samenvatting/overzicht van het vak Transport Law. Het is in het Engels geschreven.
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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
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