"Privilegijuoti" vežėjo automobilių keliais atleidimo nuo atsakomybės pagrindai.

Abstract

The article raises the topic of interpretation and application of „privileged “ grounds for relief of a carrier ’s liability for the goods. Analysing the legal grounds for the carrier’s liability, provided for by the item 1 of the Article 17 of the CMR Convention, and comparing the mentioned provision with the national legal regulation, the author points out that, according to the Para 1 of the Article 45 of the Road Transport Code of the Republic of Lithuania, liability of a carrier for the goods under the national law of Lithuania, as distinct form the provisions of private international law, is possible only if the guilt of a carrier is established. Different basis for the carrier’s liability determines different legal significance of „privileged “ grounds for relief of a carrier’s liability. Therefore the article points to the problem of balance between the interests of a sender or consignee and a carrier. Hereafter „privileged “ grounds for relief of a carrier’s liability, determined by the item 4 of the Article 17 of the CMR Convention and Para 2 of the Article 51 of the Road Transport Code of the Republic of Lithuania are compared, peculiarities of interpretation and application of the mentioned grounds are provided. After making a comparison of „privileged “ grounds under the national law of Lithuania and private international law, the author notes that the substance of such „privileged “ grounds differs in most cases. Despite the grammatical formulation of a content of „privileged “ grounds, only the circumstances related to the loss or damage arising from the special risk inherent in the nature of certain kinds of goods (Item 4 d of the Article 17 of the CMR Convention and item 2 of the Para 2 of the Article 51 of the Road Transport Code of the Republic of Lithuania) concur under the provisions of national and private international law.