Susitariančiojo vežėjo automobilių keliais atsakomybės už subvežėją teoriniai ir praktiniai aspektai.
Automobile road cargo carriage is an important component of Lithuanian economy. Because of various cargo transportation means, differing content of cargo carriage contracts and number of contract parties in case of harm a lot of problems arises defining the person or persons liable for cargo loss, damage or delayed delivery. With increase number of cargo carriage with participation of several carriers or carriers and shippers it is important to define how regulations of civil liability should be applied to these persons in case of cargo loss, damage or delayed delivery. According to the article 3 of CMR Convention a carrier having made contract with cargo consignor (a contractual carrier) is considered liable for used services of all other persons if these persons execute his obligations. Though the subcarrier (the actual carrier) having participated in execution of the contract not in all cases is directly liable to cargo consignor or consignee for cargo loss, damage or delayed delivery. Subcarriers may be subject of civil action brought by the cargo consignor or consignee only in case when according to single contract a single carriage was executed in succession by several carriers (the article 34 of CMR Convention), i.e. subcarriers joined the contract signed by cargo consignor and contractual carrier in their own name in conformance with the terms foreseen in the article 35 of CMR Convention and carried cargo in their own name, at their own risk and responsibility. [...]
- Straipsniai / Articles